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‘TAX DUE’ WOULD MEAN AN ASCERTAINED LIABILITY

Value Added Tax - VAT and CST - By: - Mr. M. GOVINDARAJAN - Dated:- 6-6-2015 - The terms tax due would mean an ascertained liability. It will have to be depending upon the context in which these words are used. The phrase tax due cannot refer merely .....

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stly owed…. Owed, or owing, as distinguished from payable. A debt is often said to be due from a person where he is the party owing it, or primarily bound to pay, whether the time for payment has or has not arrived. The word due always imports .....

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h Law Vol.I defines due as anything owing, that which one contracts to pay or perform to another… As applied to a sum of money due means either that it is owing or that it is payable, in other words, it may mean that the debt is payable at onc .....

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n of a tax. There is the declaration of liability that is the part of the stature which determines what persons in respect of what property are liable. Next there is the assessment. Liability does not depend on assessment that ex hypothesi has alread .....

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urt considered the provisions of the Rajasthan Sales Tax Act, 1956. It observed that according to Section 16(1)(b) there must be a tax due and there must be a failure to pay the tax due within the time allowed. The Court is of the view that no tax wa .....

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t till the tax payable is ascertained by the Assessing Authority under Section 10 or by the assessee under Section 7(2) no tax can be said to be due. For till then there is only a liability to be assessed to tax. In Associated Cement Co. Limited V. C .....

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bility to be assessed to tax. In Harshad Shantilal Mehta V. Custodian & Others - 1998 (5) TMI 25 - SUPREME Court the Supreme Court had an occasion to consider the following question amongst others - What is meant by revenues, taxes, cesses and ra .....

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