Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2010 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (7) TMI 886 - HC - VAT and Sales TaxWhether, interest under section 8(1) can be demanded from the due date of the return in which turnover was disclosed and exemption/concession has been claimed and tax at the normal rate has not been paid or from the date of assessment order or under section 8(1B) in case of non-payment even after the assessment order? Whether in case of non-furnishing of requisite form by the time of assessment proceeding, the tax assessed at a normal rate can be said to be tax admittedly payable under section 8(1) of the Act? Whether there is any scope for the consideration of legitimate expectation or hope or bona fide belief under section 8(1) of the Act and what is the stage of determination of liability of tax whether return or assessment? Held that:- Even though declaration form for claiming exemption/concession may be required to be filed during the course of assessment proceedings but, in cases of non-furnishing of declaration forms during the assessment proceedings or subsequent thereto in appeal, tax has to be levied at the normal rate which would become the admitted tax and interest under section 8(1) of the Act would be leviable from the due date of the return in which turnover was disclosed and exemption/concession has been claimed and tax at the normal rate has not been paid. The provisions of section 8(1B) of the Act would not be applicable. Non-furnishing of requisite form by the time of assessment proceedings or in appellate proceedings, the tax assessed at the normal rate would be treated as the tax admittedly payable under section 8(1) of the Act. There is no scope for consideration of legitimate expectation or hope or bonafide plea under section 8(1) of the Act and the stage of determination of liability of tax for the purposes of section 8(1) would be the date for filing the return.
|