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VAT - Highlights / Catch Notes

Home Highlights April 2022 Year 2022 This

Attachment on personal properties of director and brother of ...


Court Rules Equitable Considerations Don't Apply in Tax Law, Criticizes Misinterpretation of GVAT Act Section 44 for Director's Liability.

April 5, 2022

Case Laws     VAT and Sales Tax     HC

Attachment on personal properties of director and brother of director - in interpreting a taxing statute, the equitable considerations are entirely out of place. The reasons of morality and fairness can have no application to bring a citizen who is not within the four corners of the taxing statute within its fold so as to make him liable to payment of tax. The entire approach of the department that as it is not in a position to recover anything from the company, it can run after the Director of the company and attach his personal properties. - Either the authorities concerned have no idea about the scope and true purport of Section 44 of the GVAT Act or they just pretend to be ignorant of the correct interpretation of Section 44 of the GVAT Act. - HC

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