https://www.taxtmi.com/caselaws?id=371583 The Court upheld the decision that the compounding fee could not exceed Rs. 2 lakhs under Section 74 of the Kerala Value Added Tax Act, dismissing the coercion claim by the assessee. The Court also held that commencing a new business extinguished the entitlement to compound under Section 8(c) of the Act, rejecting the need for cancellation before regular assessment. Regarding the limitation issue under Section 25(1) of the Act, the Court found that the five-year limitation period applied, and failure to initiate proceedings within this timeframe deprived the officer of jurisdiction. The appeal was allowed, setting aside the assessment order, with costs to be borne by each party. en-us Fri, 31 Aug 2018 00:00:00 +0530 Thu, 06 Dec 2018 13:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=371583 The Court upheld the decision that the compounding fee could not exceed Rs. 2 lakhs under Section 74 of the Kerala Value Added Tax Act, dismissing the coercion claim by the assessee. The Court also held that commencing a new business extinguished the entitlement to compound under Section 8(c) of the Act, rejecting the need for cancellation before regular assessment. Regarding the limitation issue under Section 25(1) of the Act, the Court found that the five-year limitation period applied, and failure to initiate proceedings within this timeframe deprived the officer of jurisdiction. The appeal was allowed, setting aside the assessment order, with costs to be borne by each party. Case-Laws VAT and Sales Tax Fri, 31 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=371583