When demand arises due to retrospective amendment, no malafide can be attributed to the Assessee, hence extended period cannot be invoked

When demand arises due to retrospective amendment, no malafide can be attributed to the Assessee, hence extended period cannot be invoked https://www.taxtmi.com/article/detailed?id=6013 Tribunal held that a demand premised on retrospective amendment cannot invoke the extended limitation period where the statutory provision relied upon did not encompass the return filing obligation that created liability. Because the assessee had no suppression or malafide conduct and penalties were waived, the show cause notice issued after the retrospective amendment was held bad and barred by limitation. en-us Fri, 16 Jan 2015 08:12:09 +0530 Fri, 16 Jan 2015 08:12:09 +0530 TaxTMI RSS Generator When demand arises due to retrospective amendment, no malafide can be attributed to the Assessee, hence extended period cannot be invoked https://www.taxtmi.com/article/detailed?id=6013 Tribunal held that a demand premised on retrospective amendment cannot invoke the extended limitation period where the statutory provision relied upon did not encompass the return filing obligation that created liability. Because the assessee had no suppression or malafide conduct and penalties were waived, the show cause notice issued after the retrospective amendment was held bad and barred by limitation. Articles Service Tax Fri, 16 Jan 2015 08:12:09 +0530 https://www.taxtmi.com/article/detailed?id=6013