Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
VAT - Highlights / Catch Notes

Home Highlights June 2017 Year 2017 This

Penalty u/s 34(7) of VAT Act - The legislature having set out an ...


High Court Sets Aside Penalty Due to Discretionary Powers u/s 34(7) of VAT Act.

June 14, 2017

Case Laws     VAT and Sales Tax     HC

Penalty u/s 34(7) of VAT Act - The legislature having set out an upper limit for imposition of penlaty without providing for any minimum mandatory tax, has left a wide discretion on the competent authority which discretion must be exercised taking into account relevant factors - penalty set aside - HC

View Source

 


 

You may also like:

  1. Initiation of proceedings of reassessment - pendency of proceedings under the Act do not exist - after more than 7 years, on the basis of objection of audit para, the...

  2. Penalty u/s 271(1)(c) for furnishing inaccurate particulars of income - adjustment made u/s 92CA - penalty levied u/s 271(1)(c) on the adjustment made u/s 92CA is not...

  3. Audit assessment - exercising powers were invoked u/s 34(8A) of the GVAT Act despite the fact that no proceedings were pending - Since the basic condition ‘during the...

  4. Extension of the date for filing the income tax returns - While it is true that the powers under section 119 of the Act are discretionary in nature and it is for the...

  5. Constitutional Validity of Section 327(7) of the Companies Act, 2013 - statutory claims of the “workmen’s dues” - Overriding effect of the provisions of IBC - As...

  6. Penalty u/s 117 - gold imported by the appellant did not bare engraving of weight in metric unit for claiming exemption - The imposition of penalty under Section 117 of...

  7. In the context of an appeal u/s 37(1)(c) of the Arbitration Act, the Court held that while the Appellate Court has the power to remand the matter to the Section 34...

  8. Seeks to extend the due date of filing returns in FORM GSTR-7

  9. The Appellate Court exceeded its jurisdiction u/s 37 of the Arbitration and Conciliation Act, 1996, by setting aside an arbitral award that had already been confirmed...

  10. Reassessment of Return u/s 34 of DVAT - It is not understood how the Special Commissioner (Special Zone) could have delegated powers in terms of Section 67(2) of DVAT...

  11. Initiation of CIRP - NCLT admitted the application - Power of NCLT to refuse the application - Refusal of banks to extend the Bank Guarantees of the Corporate debtor - ,...

  12. Rejection of application for condonation of delay in preferring the application u/s 34 of the Arbitration and Conciliation Act - No application for setting aside the...

  13. DVAT Act, 2004 - Banks authorized for electronic payment - Ntf. No. F.7(400)/Policy/VAT/2011/934-949 Dated: December 7, 2011

  14. Justification of upholding the penalty imposed u/s 51(7)(b) for goods imported from an excise duty-exempt state on the ground of undervaluation based on MRP provisions...

  15. Arbitrator's award set aside u/s 34 of Arbitration and Conciliation Act, 1996 due to lack of evidence regarding claimant's readiness to supply materials, arbitrator...

 

Quick Updates:Latest Updates