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2010 (1) TMI 1125 - HC - VAT and Sales TaxDemand notice issued by the Deputy Commissioner (Assessment) II, Trade Tax, Ghaziabad demanding a sum of ₹ 2,61,912 towards interest from the petitioner for the assessment year 1986-87 challenged Held that:- The present writ petition has been resorted to as a "buyingtime" tactic. More realistic approach relating to costs may be the need of the hour. The petitioner has obtained a conditional stay order on September 13, 2004. The order provides that on deposit of ₹ 1,75,000 within one month from the date of the order, the operation of the impugned demand contained in the letter dated September 25, 2004 through the petition shall remain stayed. It is also equally settled that if the petition is being dismissed, the petitioner should restore back the advantages which it had obtained under the interim order. It is, therefore, provided that the petitioner will be liable to pay interest by way of additional sum over and above the amount which may be payable under the U.P. Trade Tax Act at the rate of six per cent simple interest per annum on the balance amount for the period from September 13, 2004 (the day on which the stay order was obtained) to the date of actual payment. W.P. dismissed.
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