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2001 (3) TMI 856 - SC - VAT and Sales TaxWhether the appellant, an assessee, is liable to pay any penal interest on the assessed tax under section 23(3) of the Kerala General Sales Tax Act, 1963 from the date when return was due though neither a return was furnished nor any tax paid on self-assessment basis? Held that:- Appeal allowed. No doubt rule 21(7A) of the Kerala General Sales Tax Rules, 1963 casts an obligation on assessees to file a return of total turnover and taxable turnover accompanied by proof of payment of the amount of tax due within 20 days of the previous quarter but such a return was not filed by the appellant. A failure to file return of taxable turnover may render the assessee liable for any other consequences or penal action as provided by law but cannot attract the liability for payment of penal interest under sub-section (3) of section 23 of the Act on the parity of reasoning that if a return of turnover would have been filed on the due date then the tax as per return would have become due and payable on that date.
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