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1999 (11) TMI 293

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..... Amount (Rs.) Date of Deposit into the bank Date of Acceptance by the bank Delay in day(s) 1. February 66,24,743/- 29-3-1995 3-4-1995 4 2. March 78,51,757/- 27-4-1995 2-5-1995 2 3. April 1,02,88,957/- 29-5-1995 31-5-1995 1 4. June 1,25,95,136/- 28-7-1995 31-7-1995 1 5. September 1,20,34,205/- 28-10-1995 31-10-1995 1 as against the mandatory 30 days within which such amounts collected are to be paid into the Treasury. Interest of Rs. 42,258/- was also confirmed under Section 43A(i) ibid. The Commissioner (Appeals) rejected .....

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..... x receipts pertaining to the Central Board of Direct Taxes and Central Board of Excise and Customs (and of any other particular Ministry or Department as may be decided by the Government from time to time) and also sales tax revenue of Delhi Administration are authorised under special procedures notified therefore, to be credited by the tax payers directly into any branch of the authorised bank within the municipal limits at the selected centre notified for the purpose. Form of challan to be used, and related matters are contained in Rule 26. Note 1 to Rule 26 : Receipts relating to direct taxes (such as income tax, corporation tax) and indirect taxes (such as customs and excise duties) administered respectively by the Central Board of .....

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..... t shall be reported at once to the tenderer with a demand for payment in cash and the dishonoured cheque should be returned to the tenderer on surrendering the preliminary acknowledgement of the receipt of the cheque or any token previously granted. The Government cannot, however, accept any liability for loss or damage which may possibly occur as a result of delay in intimating that the cheque has been dishonoured. Note : The challan accompanying the cheque should not be returned to the tenderer when the dishonoured cheque is returned to him but should be retained and destroyed in due course. (c) When Government dues which are payable by certain fixed dates are paid by cheque, the person desiring to make such payments in this manner wi .....

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..... subsequently encashed in the ordinary course. The Hon ble Madras High Court in the case of CIT v. Kumudam Publications Pvt. Ltd. reported in 128 ITR 617 (Mad.) decided on September 1, 1980 while dealing with the payment of advance tax under the Income Tax Act, 1961 has held that in view of the Treasury Rules when cheques were handed over to Govt. officials or to the Govt. officer authorised to receive payment on behalf of the Govt., payment would be deemed to have been made on the date the cheque was handed over and the amount should be treated as payment of advance tax . 8. In the facts and circumstances of the present case there is no dispute about the status of the bank and of the date of presentation of the cheques to the said ban .....

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