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VAT - Highlights / Catch Notes

Home Highlights September 2021 Year 2021 This

Power of Tribunal to enhance the tax liability - The Tribunal is ...


Tribunal Can Determine Tax Liability but Cannot Increase It Beyond What Tax Authorities Set, Even Without Appeals.

September 8, 2021

Case Laws     VAT and Sales Tax     HC

Power of Tribunal to enhance the tax liability - The Tribunal is an independent adjudicatory authority having jurisdiction to determine the liability to pay tax. Under the Act it has no power to enhance the liability to pay tax determined by the taxing authorities. Where sufficient material exists on record the Tribunal is expected to decide the matter, on merits. It has no power to pass an order of remand only because it is of the opinion that a higher tax liability ought to be imposed although revenue has decided not to prefer any appeal against the determination of tax liability. - HC

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