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    <title>2016 (9) TMI 970 - KERALA HIGH COURT</title>
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    <description>Penalty was held unsustainable where the obligation to bifurcate VAT and luxury tax had not yet arisen for the 2005-06 assessment year, because the relevant amendment to Rule 3C took effect only later. For 2006-07 and 2007-08, the Court treated the failure to bifurcate as a tax-classification error rather than deliberate evasion, noting that VAT had been paid on the full consolidated amount and that any shortfall could be addressed through assessment proceedings instead of penalty. The penalty orders were therefore set aside, while the separate merits relating to poolside luxury tax were left open.</description>
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    <pubDate>Fri, 05 Aug 2016 00:00:00 +0530</pubDate>
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      <title>2016 (9) TMI 970 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=332709</link>
      <description>Penalty was held unsustainable where the obligation to bifurcate VAT and luxury tax had not yet arisen for the 2005-06 assessment year, because the relevant amendment to Rule 3C took effect only later. For 2006-07 and 2007-08, the Court treated the failure to bifurcate as a tax-classification error rather than deliberate evasion, noting that VAT had been paid on the full consolidated amount and that any shortfall could be addressed through assessment proceedings instead of penalty. The penalty orders were therefore set aside, while the separate merits relating to poolside luxury tax were left open.</description>
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      <pubDate>Fri, 05 Aug 2016 00:00:00 +0530</pubDate>
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