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2014 (4) TMI 991 - ALLAHABAD HIGH COURTDemand of interest for not depositing tax - Cheque was presented before the officer concerned - Held that:- Once the cheque is presented by the dealer before the officer concerned, he is to follow the procedure for depositing the said cheque in the manner prescribed under Rules 48 and 49 - Punjab National Bank issued a certificate vide annexure 4 - The certificate has been issued by the Punjab National Bank certifying that the cheque for Rs.33,904.87 being cheque no.768897 was not presented to the Bank for payment - No reason not to accept the said bank certificate - The fact remains neither the cheque was returned to the petitioner, nor he was ever informed that the said cheque has been dishonoured by the Bank - The department cannot take the advantage of its own wrong - The demand of interest from the petitioner is not justified - The writ petition succeeds and is allowed - The impugned notice dated 1.1.1990 filed as annexure-5 to the writ petition demanding interest quashed - Decided in favour of assessee.
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