1999 (10) TMI 705

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..... e return along with admitted amount of tax were not deposited by September 30, 1992. The case of the revisionist is that the draft from the head office was received in his office on October 3, 1992. October 4, 1992 to October 6, 1992 were holidays. The amount along with monthly return was deposited in the office of the assessing authority on October 7, 1992. The assessing authority initiated penal .....

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..... t explanation submitted by the revisionist for delay in filing the return and deposit of tax has not been considered by the Tribunal. It is further submitted that the dealers specific case was that the amount of tax was deposited along with interest due up to date which fact has also not been considered by the Tribunal. The learned Standing Counsel submits that the Tribunal has observed that this .....

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..... regard to the adequacy or otherwise of the explanation furnished by the dealer. The claim of the assessee that he has deposited the amount of tax along with interest due thereon has also not been considered by the Tribunal. In some cases, this Court has held that if before passing of the penalty order the assessee has deposited the entire amount of admitted tax along with interest, the penalty sho .....

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