Time Relevance of Expense: commission deductible when incurred; restructuring transfers, lease obligations upheld; unenforceable sale agreement bars l...
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Where a taxpayer collected service tax but filed nil returns and failed to deposit amounts with the exchequer, the text treats such suppression of facts and documents as establishing intent to evade tax, justifying denial of CENVAT credit for lack of documentation and lack of clean hands. It treats invocation of the extended limitation period as appropriate where suppression occurred and supports imposition of penalties for non-payment by suppression; interest liability on collected-but-not-deposited tax is endorsed. Reliance on bona fide belief defenses is rejected where tax was collected and not remitted.
Where a taxpayer collected service tax but filed nil returns and failed to deposit amounts with the exchequer, the text treats such suppression of facts and documents as establishing intent to evade tax, justifying denial of CENVAT credit for lack of documentation and lack of clean hands. It treats invocation of the extended limitation period as appropriate where suppression occurred and supports imposition of penalties for non-payment by suppression; interest liability on collected-but-not-deposited tax is endorsed. Reliance on bona fide belief defenses is rejected where tax was collected and not remitted.
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