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    <title>2018 (2) TMI 757 - GUJARAT HIGH COURT</title>
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    <description>Interest under section 30(5) of the Gujarat Value Added Tax Act was not leviable where the dealer had issued invoices for the actual receipts, disclosed the turnover in timely returns, and paid the tax due; the statutory conditions for timely compliance were satisfied, so delayed-payment interest was unsustainable. Tax, interest and penalty relating to the alleged stock difference were also rightly deleted because Income-tax search material could only trigger inquiry and VAT authorities had to make an independent factual verification. As the assessment rested only on a statement recorded in Income-tax proceedings, without corroboration and despite no discrepancy being found in the Commercial Tax Department&#039;s own search, the addition lacked legal basis. No substantial question of law arose.</description>
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    <pubDate>Wed, 13 Dec 2017 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=355336</link>
      <description>Interest under section 30(5) of the Gujarat Value Added Tax Act was not leviable where the dealer had issued invoices for the actual receipts, disclosed the turnover in timely returns, and paid the tax due; the statutory conditions for timely compliance were satisfied, so delayed-payment interest was unsustainable. Tax, interest and penalty relating to the alleged stock difference were also rightly deleted because Income-tax search material could only trigger inquiry and VAT authorities had to make an independent factual verification. As the assessment rested only on a statement recorded in Income-tax proceedings, without corroboration and despite no discrepancy being found in the Commercial Tax Department&#039;s own search, the addition lacked legal basis. No substantial question of law arose.</description>
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      <pubDate>Wed, 13 Dec 2017 00:00:00 +0530</pubDate>
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