Court Rules Higher Tax Imposition Unjustified; No Evidence of Wilful Tax Evasion Under VAT Act Section 21(5.

Re-classification of goods - rate of tax on hire charges - There is no finding that the assessee had wilfully evaded tax - When the assessee having not been put on notice to respond to the allegation that it had wilfully evaded the tax, the authority could not have been imposed a higher tax liability by invoking its powers under Section 21(5) of the VAT Act. - HC .....

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