S.T.A. NO. 2754/LB OF 2001, DECIDED ON 1ST MARCH, 2002 versus S.T.A. NO. 2754/LB OF 2001, DECIDED ON 1ST MARCH, 2002
Sales Tax Act 1990 Section 34 Notice of excess tax show based on wrong tax was misidentified in the notice of arrears and due notice of excess tax which stated that the addition of additional taxes and penalties resulted in the receipt of sales tax. And also the order. The reviewer was instructed to pay additional taxes and penalties for the lower sales tax amount. The admitted factual position was contrary to the facts stated in the showcase notice and, likewise, the amount of sales tax was to be determined against the assessee as per the arrears. Incorrect because the assessee issued a notice because the entire sales tax amount was issued on false facts, it cannot be called a legal notice and consequently the order to increase the demand for sales tax arrears was clearly illegal.
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