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VAT - Highlights / Catch Notes

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Levy of penalty - Whether imposition of penalty under Section ...


Penalty u/s 43(2) of Orissa VAT Act 2004 Requires AO's Discretion; Not Automatic for Tax Issues.

March 25, 2021

Case Laws     VAT and Sales Tax     HC

Levy of penalty - Whether imposition of penalty under Section 43(2) of the Orissa Value Added Tax Act, 2004 (OVAT Act) can only be levied if the escapement is “without any reasonable cause”? - the imposition of penalty under Section 43 (2) of the OVAT Act, was not automatic and that there is a discretion in the AO in this regard upon finding that there has been an escapement or under assessment of tax. - HC

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