https://www.taxtmi.com/caselaws?id=233731 Section 17(5)(A) of the KGST Act was treated as applicable to reopened assessments completed under Section 17(4), where fresh assessment shows tax already paid to be less than the tax due. The provision was regarded as capable of operating even for assessment years before 1.4.1998 because the relevant taxable event was the reopening and revision of the assessment, not the date of the provision's introduction. The Court also held that assessees opting for Section 17(4) form a distinct class, as their assessments are based on their own returns and statements without the normal scrutiny process, and that the higher penalty is a permissible deterrent rather than hostile discrimination under Article 14. en-us Thu, 18 Oct 2012 00:00:00 +0530 Mon, 13 May 2013 12:39:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=233731 Section 17(5)(A) of the KGST Act was treated as applicable to reopened assessments completed under Section 17(4), where fresh assessment shows tax already paid to be less than the tax due. The provision was regarded as capable of operating even for assessment years before 1.4.1998 because the relevant taxable event was the reopening and revision of the assessment, not the date of the provision's introduction. The Court also held that assessees opting for Section 17(4) form a distinct class, as their assessments are based on their own returns and statements without the normal scrutiny process, and that the higher penalty is a permissible deterrent rather than hostile discrimination under Article 14. Case-Laws VAT and Sales Tax Thu, 18 Oct 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=233731