TMI Blog1993 (3) TMI 304X X X X Extracts X X X X X X X X Extracts X X X X ..... s is also not a case where the rate of tax applicable was in dispute or disputed by the dealer. This is simply a case where the dealer calculated the tax at an inapplicable rate. He did not and could not plead ignorance of the change in rate of tax effected two years earlier. In the circumstances, the concept of mala fides was not relevant in the context. That the learned single Judge was not j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he time prescribed or by thirty-first day of August, 1975, whichever is later, failing which simple interest at the rate of two per cent per mensem shall become due and be payable on the unpaid amount with effect from the day immediately following the last date prescribed or with effect from the first day of June, 1975, whichever is later and nothing contained in section 7 shall prevent or have th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of law. It does not require a separate order as such by any authority. The explanation defines the expression "tax admittedly payable". It means the tax which is payable, inter alia, according to the return filed by the dealer. In this case, the dealer filed a return for the assessment year 1975-76. The goods in which he was dealing fell within the category of unspecified goods. For unspec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Judge allowed the revision holding that "there have been no finding by the Tribunal that the assessee acted mala fide in not depositing the tax at the rate of 7 per cent. The demand of interest was not justified." We are unable to see any relevance of the mala fides in this case. Section 8(1) does not say that the non-payment should be mala fide. This is also not a case where the rate of tax a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at it has to be seen whether the plea of the assessee was bona fide or not. It was held: "so long as the calculation is honest and fair, the dealer shall not incur any liability to pay interest". We are unable to see the relevance of the said principle here. In this case, there was no dispute either with respect to the classification of goods or the rate of tax, as stated hereinbefore. For the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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