Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
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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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