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2019 (4) TMI 1058 - HC - VAT and Sales TaxEligibility for compounding for the A.Y. 2002-03 - on the date of initial rejection of his application for compounding for that year, assessee was in arrears of compounding fee for the A.Y. 2001-02 - Section 7D of the U.P. Trade Tax Act, 1948 - HELD THAT:- In the first place, each assessment year is a separate unit. Even if it is assumed that the assessee could have made an application for compounding for the A.Y. 2002-03 while continuing to stand in default for the earlier assessment year, it is difficult to accept that such an application could be allowed in view of the default having survived on the date of rejection of that application. Thus, the assesseee may have had time till his application for compounding of A.Y. 2002-03 was pending to remove the default towards payment of compounding fee for the earlier year. However, that having not been done, the ineligibility to be allowed to pay compounding fee in lieu of tax (on assessment basis), was rightly adjudged against the assessee. The question of law is answered in the negative i.e. in favour of the revenue and against the assessee.
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