Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + SC VAT and Sales Tax - 1984 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1984 (2) TMI 301 - SC - VAT and Sales TaxConstitutional validity of sub-sections (1), (2) and (3) of section 8 of the Jammu and Kashmir General Sales Tax Act, 1962 (J & K Act 20 of 1962) challenged Held that:- Appeal partly allowed. Though we uphold the constitutionality of sub-sections (1), (2) and (3) of section 8 of the Jammu and Kashmir General Sales Tax Act, 1962, we make the rule issued in each of the writ petitions before us absolute only to the extent that we restrain the State of Jammu and Kashmir from recovering from the assessees who are petitioners before us interest on the amount of quarterly tax paid after the expiry of the date prescribed for payment thereof by sub- section (3) of section 8 of the Act at a rate other than the rate of one per cent per month for the first three months of default and at the rate of two per cent per month for the next three months of default and at the rate of three per cent per month for the period of default exceeding six months. We also allow the appeals filed by the assessees who are appellants before us to the same limited extent by setting aside the order of dismissal of their writ petitions passed by the Jammu and Kashmir High Court and making the rule issued in each of those writ petitions absolute only to the limited extent specified above.
|