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2013 (5) TMI 698 - UTTARAKHAND HIGH COURTFailure to deposit tax before furnishing returns or alongwith the returns - imposition of penalties confirmed - revisionist held that there was reasonable cause for failure to deposit tax on time as tax due in respect of the subject monthly turnovers were in relation to sales effected to southern States and due to calamity, their payments were delayed. Attempt made to obtain additional working capital loan from its bankers also did not materialize - Held that:- There is no finding that payment in respect of the turnover for the month in question was used during the month in question or even in the subsequent months, but prior to payment of tax due in regard thereto for purchase of goods. This factual aspect is required to be ascertained and, at the same time, it has to be ascertained, whether due to natural calamity, there was, in fact, delay on the part of the buyers to pay the dues on time and, whether delay in receipt of payment in the backdrop of natural calamity can be treated as reasonable cause for failure to deposit tax on time - revision applications allowed by remitting back the matter to the Assessing Authority for reconsideration.
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