Editorial comments of CA OM PRAKASH JAIN in (2016) 25 J.K.Jain's Vat Reporter 24

Read Editorial comments of CA OM PRAKASH JAIN  in (2016) 25 J.K.Jain's Vat Reporter 24:

Late Fees--Rajasthan Tax Board case of Viratra Tyres Appeal no. 1964/2014 judgment dated 17.12.2015 on Late Fee, wherein it has been held as under;

Late FeeLate Filing of returnsContinuous OffenceLevied as per law prevalent on the date of filing of returnBased on the ratio decidendi of Hon’ble Supreme Court in the case of Maya Rani Punj v. Commissioner of Income Tax, Delhi (1986) 1 SCC 445 (SC), the default of failure to submit the requisite return is a continuous offence, which starts from the due date of filing of return and ends on the date of filing of return or on the date of passing the assessment order by AA. Held that the Late Fee will be levied as per provisions prevalent on the day when default ends. Case remanded to AARule 19A, Raj. Vat Rules, 2006 (paras 8, 9, 10, 11).

Read Editorial comments of CA OM PRAKASH JAIN s/o L.sh.J.K.Jain of Jaipur Rajasthan on the legality of the above case in (2016) 25 J.K.Jain's Vat Reporter 24 drawing conclusion based on Supreme court case that;  Late Fee is to be levied as per law applicable on the date of default, i.e., the expiry of last date of filing the respective returns as per provisions of S.21(1), Raj Vat Act, 2003 read with Rule 19A, Raj. Vat Rules, 2006.