Chartered Accountant
39039 Points
Joined September 2008
Let us take a case where a manufacturer has not paid duty as he thinks that he is not liable due to interpretation. Dept. raises duty and finally concludes that he is liable from 2010-15.
Can he be denied credit for 10 -14 when the limitation was introdiuced? There is a principle in taxation that one cannot be worse off than if one opted for payment in 2010. If this is applicable to this situation manufacturer should be eleigible for credit for the past years is an argument one could take.
Look beyond the rule- maybe this needs tobe examined further but for the past, it may not be justified to apply. However from 2014 onwards the restruiction though not in the spirit fo the law ( dept demand money for 5 years) but limits credit to 1 would in my opinion be valid.