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2008 (9) TMI 911 - UTTARAKHAND HIGH COURTWhether, on the facts and in the circumstances of the case, the Tribunal erred in law in knocking off the interest imposed by the assessing officer, ignoring the provision contained in section 9 of the Central Sales Tax Act, 1956? Held that:- In para 14 of the J.K. Synthetics Ltd. v. Commercial Taxes Officer [1994 (5) TMI 233 - SUPREME COURT] it has been held by the apex court that expression "tax payable" means the tax which becomes due under the particular provision of law. It is further mentioned in the aforesaid case that the meaning of the expression must be understood in the context of the relevant provision of law. Since the admitted tax, i.e., at the concessional rate, was paid within time, and the one imposed by the A.O. on the ground that form "C", relating to certain transactions, were not shown, was also paid, after the assessment order was passed, within time, as such there is no liability to pay interest demanded by A.O. The question of law stands answered accordingly in the negative. Both the revisions are liable to be dismissed.
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