<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2024 (7) TMI 3 - GAUHATI HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=754783</link>
    <description>Where reassessment under the Assam General Sales Tax Act, 1993 leaves no tax payable, statutory interest cannot be levied on a nil demand. The Gauhati High Court noted that an earlier Division Bench had already held, on substantially identical facts, that interest is not recoverable once reassessment results in no balance tax due, and that binding determination had to be followed in later proceedings. Orders imposing interest after the de novo assessment were therefore unsustainable because Section 22 could not be invoked when no tax remained outstanding. The writ petitions succeeded and the interest demands were set aside.</description>
    <language>en-us</language>
    <pubDate>Wed, 19 Jun 2024 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 29 Jun 2024 11:40:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=758221" rel="self" type="application/rss+xml"/>
    <item>
      <title>2024 (7) TMI 3 - GAUHATI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=754783</link>
      <description>Where reassessment under the Assam General Sales Tax Act, 1993 leaves no tax payable, statutory interest cannot be levied on a nil demand. The Gauhati High Court noted that an earlier Division Bench had already held, on substantially identical facts, that interest is not recoverable once reassessment results in no balance tax due, and that binding determination had to be followed in later proceedings. Orders imposing interest after the de novo assessment were therefore unsustainable because Section 22 could not be invoked when no tax remained outstanding. The writ petitions succeeded and the interest demands were set aside.</description>
      <category>Case-Laws</category>
      <law>VAT / Sales Tax</law>
      <pubDate>Wed, 19 Jun 2024 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=754783</guid>
    </item>
  </channel>
</rss>