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TMI Blog1996 (11) TMI 436X X X X Extracts X X X X X X X X Extracts X X X X ..... . Gupta. 3.. Under section 7(1) of the Act, every dealer who is liable to pay tax under this Act shall submit such return or returns of his turnover at such intervals, within such period, in such form and verified in such manner, as may be prescribed. Under sub-section (1-A) of section 7, a dealer is required to deposit the tax on the turnover shown in such return before submitting the return or along with such return. 4.. Rule 41 prescribes the period and the manner in which the returns are to be filed. Sub-rule (1) of rule 41 provides that every dealer liable to tax the aggregate of whose turnover......in any assessment year exceeds rupees two lakhs, shall, before the expiry of the next succeeding month, submit to the Sales Tax Officer, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ichever is greater, for the immediately preceding year and he has to deposit the tax during the month itself and cannot postpone it till the end of the succeeding month. 7.. Under section 8(4) of the Act, a dealer is liable to deposit the tax admittedly payable by him within the time prescribed failing which simple interest at the rate of two per cent per mensem is payable. The Explanation to section 8(1) of the Act defines the "tax admittedly payable" as under: "Explanation.-For the purpose of this sub-section, the tax admittedly payable means the tax which is payable under this Act on the turnover of sales or, as the case may be, the turnover of purchases, or of both, as disclosed in the accounts mentioned by the dealer or admitted by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the amount of deposit and the delay, the assessing officer levied interest under section 8(1) of the Act. Before the assessing officer, no objection was raised and it was contended that if there was any liability to pay interest on the admitted tax then the dealer had no objection. The assessing officer, therefore, levied interest and it is not necessary to mention the actual amounts levied and the manner of calculation. The total interest levied for the assessment year 1980-81 was Rs. 13,200 and for the assessment year 1981-82, it is Rs. 18,536. The dealer challenged the levy before the Deputy Commissioner (Appeals) without success. The second appeals before the Tribunal also failed and the dealer is now before this Court. 9.. Learned c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the preceding year cannot be treated as the tax admittedly payable by the dealer. 12.. The contention of the learned Standing Counsel, that in case of default in complying with the terms of second proviso, interest can be levied under section 8(1) of the Act, is not acceptable because of the clear and specific provisions of the Act. The mere deposit of tax under the said proviso is not a proceeding under the Act and no return is required to be filed for the first two months of the quarter. Therefore, for those two months, the tax admittedly payable will mean the tax payable under this Act on the turnover of sales or, as the case may be, the turnover of purchases, or of both, as disclosed in the accounts maintained by the dealer. Therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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