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2022 (1) TMI 1009 - HC - VAT and Sales TaxTreatment given to the amount deposited by the dealer - stand of Department is that the amount deposited by the dealer on 30.03.2007 is firstly credited to the interest due from dealer but not to tax due - the dealer resisted the adjustment, firstly, in interest account as illegal for the reason that the respective assessment orders do not stipulate interest for non-payment or delayed payment of tax - HELD THAT:- It may be noted that in the order dated 20.04.2007 the Assessing Officer, did not take note of ₹ 10 lakhs deposited on 30.03.2007 by the dealer. For the first time, it is considered only in the order dated 15.09.2008, adjusting against the interest due and payable by the dealer as on 30.03.2007. The principle involved in giving credit to the amount deposited by the dealer is that it is first adjusted against interest due or payable by the dealer and balance amount, if any, is credited to tax arrears. It is an undisputed circumstance that the original assessment order is dated 05.01.2007, the legality of the said order has been considered and decided by this Court along with connected matters in W.A. No.1035/2006 vide judgment dated 05.12.2017. The revisions filed by the dealer were allowed and the revision filed by the State was dismissed, confirming the order of the Tribunal. Interest under the provisions of the KGST Act is automatic, becomes payable on the date on which return is filed, and hence no separate order demanding interest is necessary. Revision allowed.
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