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VAT - Highlights / Catch Notes

Home Highlights April 2021 Year 2021 This

Levy of Interest - The respondent is not justified in levying ...


Court Rules Interest Levy Unjustified for Rainbow Restaurant; Section 42 Clarifies Tax Liability Start Date.

April 14, 2021

Case Laws     VAT and Sales Tax     HC

Levy of Interest - The respondent is not justified in levying interest from the original assessment year - In the case on hand, Rathna Residency is not the petitioner before this Court. It is only Rainbow Restaurant that is the petitioner before this Court. Rainbow Restaurant is contending that it cannot be considered as “a restaurant attached to a star hotel”. Thus the petitioner was under a bonefide impression that they are not liable to pay tax at a higher rate. Therefore, as per Section 42 of the Act, only from the date on which the petitioner's liability is quantified, the question of paying tax would arise. - HC

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