TMI Blog2019 (4) TMI 1060X X X X Extracts X X X X X X X X Extracts X X X X ..... fact, has contested the issue by means of filing the appeals and instant revision petition. Since the matter relates to assessment year 1992-93 and was finalised after the judgment delivered by this Court in 2005, the liability of interest on the turn over of 'unriped Imli' is not justified. There is no liability of payment of interest under Section 8(1) of the Act - revision petition disposed off. - Sales/Trade Tax Revision No. - 225 of 2008 - - - Dated:- 10-4-2019 - Ashok Kumar J. For the Applicant : Aloke Kumar For the Opposite Party : C.S.C. ORDER Heard Sri Aloke Kumar, learned counsel for the revisionist and Sri B.K. Pandey, learned counsel for the respondent. By means of present revision following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act was challenged by the revisionist before the first appellate authority claiming that the 'unriped Imli' has been purchased by the revisionist from traders who deals in vegetables and therefore the same is exempted from payment of tax. The first appellate authority, however, has not accepted the claim of the revisionist and has dismissed the appeal treating that the 'unriped Imli' is not exempted from payment of tax and therefore the tax has been confirmed. Apart from the tax liability fixed, the interest was also imposed upon the revisionist on the ground of late payment of tax. Aggrieved by the order of the first appellate authority, an appeal has been filed by the revisionist under Section 10 of the Act befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Explanation.- For the purpose of this sub-section, the tax admittedly payable means the tax which is payable under this Act on the turnover of sales or, as the case may be, turnover of purchases, or of both, as disclosed in the accounts mentioned by the dealer or admitted by him in any return or proceeding under this Act, whichever is greater, or, if no accounts are maintained, then accordance to the estimate of the dealer [and includes the amount payable [under Section 3-B or sub-section (6) of Section 4-B]. The explanation to section 8(1) provides that the tax is due when admittedly the same is payable under the Act. It further provides that it is payable when it is admitted by the dealer in any return or proceedings under the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;unriped Imli' is provided in the schedule. Learned counsel for the revisionist has submitted that after the order of the Tribunal and the High Court, the principle amount of tax was deposited by the revisionist immediately, however, the interest part is not deposited for the reason that there would be no liability to pay the interest as on 'unriped Imli' the revisionist bonafidely disputed the liability. Having heard the learned counsel for the parties and after perusal of the impugned order and the judgment relied by learned counsel for the revisionist in Trade Tax Revision No. 1596 of 2006 dated 08.08.2018, in my opinion, the claim of the revisionist appears to be bonafide as from very beginning the revisionist has d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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