TMI Blog1984 (1) TMI 273X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal dismissed. The High Court was right on the facts of the present case in holding that the petitioner was liable to pay interest on the amount of tax in respect of which default was committed as it is the admitted position that tax due on the basis of quarterly return was not paid as required by sub-section (3) and the petitioner was, therefore liable to pay interest on the amount of tax in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eral Sales Tax Act, 1962. That sub-section provides that where tax due on the basis of quarterly return has not been paid before the expiry of the last date of filing such return, provision of sub-section (2) shall apply to the recovery of such demand for the amount of tax so due. Sub-section (2) states that if the tax or any other amount due under the Act is not paid by the dealer or any other pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling quarterly return. Hence under sub-section (2) the dealer would be liable to pay interest on the amount of such tax from the date when it was payable, i.e., from the expiry of the last date of filing quarterly return of the Act. Of course, sub- section (2) refers to the notice of demand but that obviously relates to sub- section (1) where notice of demand is required to be issued after the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d as required by sub-section (3) and the petitioner was, therefore, not (sic) liable to pay interest on the amount of tax in respect of which default was committed at the rate prescribed in sub-section (2) from the last date prescribed for filing quarterly return under the Act up to the date of payment. The High Court was, therefore, right on the facts of the present case in holding that the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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