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2009 (7) TMI 1172 - KERALA HIGH COURTCancellation of interest levied under section 23(3A) of the Kerala General Sales Tax Act, 1963 for belated payment of turnover tax on the excise duty component of the price. Held that:- Interest under section 23(3A) is mandatory in nature irrespective of pendency of any case or orders passed by any court or authority. Therefore, we allow the revisions on this issue by reversing the order of the Tribunal and by restoring the assessments levying interest under section 23(3A) of the Act. The next grievance of the respondent against the appropriation of the amount paid first towards the interest payable under the Act in terms of section 55C of the Act find no substance in this contention because the payments are made much after the introduction of section 55C which authorises the Department to adjust payment first towards interest and balance, if any, towards tax. This contention is also rejected.
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