Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Interest for delayed payment of VAT on sales of ENA/RS/HBS was upheld on the basis that Rule 24(3) mandates tax payment through e-challan with the return, and Section 25(4) statutorily fastens interest when tax due is not paid within the prescribed time. Since the dealer filed (revised) returns showing "zero" tax despite collecting VAT and did not deposit the tax by the due date, the filing was treated as no return in the eyes of law, attracting interest for belated remittance. The plea of uncertainty regarding the applicable regime was rejected because VAT was payable at least at the applicable rate under Section 5(1)(e), and the petition challenging the levy of interest was dismissed. - HC
Interest for delayed payment of VAT on sales of ENA/RS/HBS was upheld on the basis that Rule 24(3) mandates tax payment through e-challan with the return, and Section 25(4) statutorily fastens interest when tax due is not paid within the prescribed time. Since the dealer filed (revised) returns showing "zero" tax despite collecting VAT and did not deposit the tax by the due date, the filing was treated as no return in the eyes of law, attracting interest for belated remittance. The plea of uncertainty regarding the applicable regime was rejected because VAT was payable at least at the applicable rate under Section 5(1)(e), and the petition challenging the levy of interest was dismissed. - HC
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