TMI Blog2015 (6) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... d concluded, the assessing authority could not have passed a separate order demanding interest and should have instead filed an application for rectification of the assessment order and then also within two years, disregards the fact that notice requiring the appellant to show cause against proposed levy of interest, was issued and was pending during assessment proceedings and thus, there was no need to have resort to rectification proceedings under Section 33 of the Act. - Decided against assessee. - VATAP No.69 of 2014 - - - Dated:- 26-2-2015 - MR. RAJIVE BHALLA AND MR. AMOL RATTAN SINGH, JJ. For The Appellant : Mr. Sandeep Goyal, Advocate, For The Respondent : Ms. Mamta Singhal Talwar, AAG, Haryana ORDER RAJIVE BHA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... risdiction to decide the notice and while dropping penalty proceedings, has imposed interest on delayed deposit of tax. We have heard counsel for the parties, perused the impugned orders, but are not inclined to grant any relief to the appellant. The appellant was, admittedly, being assessed to different components of value added tax. Admittedly, during pendency of assessment proceedings, the assessing authority issued a notice calling upon the appellant to show cause why penalty and interest be not imposed for delayed deposit of tax. The assessment proceedings concluded with the assessing authority demanding interest on various components of tax but as the question of interest on delayed payment of tax was subject matter of a separat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st. In the present case, a show cause notice was issued and an order was passed levying interest. An argument that once assessment stood concluded, the assessing authority could not have passed a separate order demanding interest and should have instead filed an application for rectification of the assessment order and then also within two years, disregards the fact that notice requiring the appellant to show cause against proposed levy of interest, was issued and was pending during assessment proceedings and thus, there was no need to have resort to rectification proceedings under Section 33 of the Act. Consequently, finding no merit, we dismiss the appeal and affirm the majority opinion of the Tribunal. Any observation/opinion as to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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