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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