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2017 (1) TMI 400 - HC - VAT and Sales TaxBenefit of amnesty in terms of Section 23B(d) of the Act - manner of computation of amount to be paid in amnesty scheme - whether the amnesty scheme involves payment of 10% of the penalty amount and 10% of the interest on penalty? - interpretation of statute - Held that: - In respect of amnesty scheme available in respect of demands relating to the period 1st April, 2000 to 31st March, 2005, the reduction granted is 90% of the interest on the tax amount and for the amount of penalty and interest thereon - The contention is that the reduction is for 90% of the interest on tax amount and also the entire amount of penalty and interest thereon. If such was the intention of the Legislature, definitely there was no reason to have specifically mentioned it, whereas what the Legislature has done was that after the word tax amount, a comma is inserted and thereafter the words 'and for the amount of penalty and interest thereon' is incorporated, which apparently indicates that the words “reduction of 90%” is on the interest on the tax amount as well as on the amount of penalty and interest thereon. A different view is not possible and therefore I do not think that the petitioner was justified in making such a demand - petition dismissed - decided against petitioner.
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