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    <title>2019 (2) TMI 1476 - KERALA HIGH COURT</title>
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    <description>Amounts collected by an assessee in lieu of tax on the sale of rubber trees had to be remitted to the State, even if the underlying tax liability was disputed. Non-disclosure of the collected amount in the return rendered the return incorrect, and the proper statutory course was to pay over the sum and seek refund if the levy was later struck down. On that basis, penalty proceedings for tax sought to be evaded were validly initiated, and the plea that refund complications justified retention of the amount was rejected. The penalty was upheld, and no further reduction in quantum was warranted.</description>
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    <pubDate>Mon, 18 Feb 2019 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=375849</link>
      <description>Amounts collected by an assessee in lieu of tax on the sale of rubber trees had to be remitted to the State, even if the underlying tax liability was disputed. Non-disclosure of the collected amount in the return rendered the return incorrect, and the proper statutory course was to pay over the sum and seek refund if the levy was later struck down. On that basis, penalty proceedings for tax sought to be evaded were validly initiated, and the plea that refund complications justified retention of the amount was rejected. The penalty was upheld, and no further reduction in quantum was warranted.</description>
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