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2006 (5) TMI 455 - HC - VAT and Sales TaxPetition u/s 42(2) of the Haryana General Sales Tax Act, 1973 ("the Act") - Liability to pay interest u/s 25(5) of the Act for the period before the demand was raised - sales of tractors - HELD THAT:- In the present case, the revisional authority had levied interest on the petitioner from May, 1985 to January, 1989 vide revisional order dated January 23, 1989. Meaning thereby that interest was levied for the period prior to raising of demand. To the similar effect are the judgments of Delhi and Andhra Pradesh High Courts in CIT v. Maharishi Ved Vigyan Vishwa Vidya Peetham[1997 (11) TMI 75 - DELHI HIGH COURT], City Dry Fish Company v. CIT[1999 (1) TMI 13 - ANDHRA PRADESH HIGH COURT] and Commissioner of Wealth-tax v. Ajay Kumar Sood [1995 (10) TMI 41 - DELHI HIGH COURT]. Respectfully following the above pronunciation of law, we find that since the issue raised in the case is covered by the division Bench judgment of this court, it will not be in the fitness of things to direct the Tribunal to refer the question of law to this court and keep the matter pending. To avoid unnecessary wastage of time, in our view it would be appropriate to answer the question straightaway by converting the case into a reference. Thus, it is held that the assessee is not liable to pay interest u/s 25(5) of the Act for the period before the demand was raised against the assessee. Consequently, question No. (iv) raised above is decided in favour of the assessee and against the Revenue.
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