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2018 (11) TMI 1026 - HC - VAT and Sales TaxPenalty u/s 8-D (6) of U.P. Trade Tax Act, 1948 - assessee have cleared the default of TDS together with interest prior to issuance of any notice before penalty - Held that:- At present though it is admitted to the assessee that the net amount of TDS required to be deposited by the assessee was ₹ 1,44,068/- for the A.Y. 1990-91, however, the amount of interest that became due on that amount (since the assessee failed to make timely deposit of the same) is not borne out from any of the order accompanying the present revision application - The amount of interest would have bearing on the outcome of this revision inasmuch as if it is found that the assessee had deposited the entire amount of TDS together with due interest before issuance of penalty notice under Section 8-D(6) of the Act the penalty may not be imposable at all inasmuch as in such case, the assessee necessarily would have to be held to have cleared the default on its own without the same coming to the notice of the relevant authority. Since the Tribunal has not recorded any finding as to the date when the penalty proceedings were instituted or the amount of interest that became due against the assessee and the date when the entire due amount had been paid the present order of the Tribunal is set aside and the matter remitted to the Tribunal to pass a fresh order - revision placed on remand.
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