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2015 (7) TMI 269 - MADRAS HIGH COURT

2015 (7) TMI 269 - MADRAS HIGH COURT - TMI - Demand of interest on delayed payment of tax - Held that:-Petitioner has been manufacturing the Indian Made Foreign Liquor (IMFL) and selling the same only to the Tamil Nadu State Marketing Corporation Limited (TASMAC) and also further taking note of the fact that the petitioner had cleared the entire tax liability, except a sum of ₹ 68,00,000/- as demanded in the impugned notice, instead of granting ten equal installments as prayed for by the p .....

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vernment Pleader (Taxes) ORDER This writ petition has been filed by M/s Imperial Spirits and Wine Private Limited, Coimbatore seeking issuance of a writ of certiorarified mandamus, to call for the records relating to the impugned demand notice dated 12.06.2015 of the Assistant Commissioner of Commercial Taxes (CT), Trichy Road Circle, Coimbatore, the fourth respondent herein, quash the same with a direction to the fourth respondent to grant 10 installments to the petitioner for payment of the in .....

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petitioner had paid a sum of ₹ 560.85 crores. However, the petitioner was unable to pay the remaining tax amount on account of the financial crunch that went beyond their control. Therefore, on a demand of ₹ 25,77,03,167/- from the petitioner vide notice dated 2.5.2014 issued by the fourth respondent, after giving credit to various payments, a sum of ₹ 25,25,40,568/- became due and payable to the Government towards tax liability. Hence the petitioner filed a representation see .....

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titioner filed M.P.No.5 of 2014 in W.P.No.14030 of 2014 seeking a direction to the third respondent to permit the petitioner to pay the fourth installment and the remaining installment amounts as per the order dated 28.5.2014 by the end of the respective months commencing from 30.11.2014. This Court, by order dated 20.11.2014, making a slight modification in paragraph-6 of the order dated 28.5.2014, directed the petitioner to pay the remaining arrears amount with the applicable interest in equal .....

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no serious objection, granted three weeks time and accordingly, the petitioner also paid the entire tax liability within the time. Thereafter, by the impugned notice dated 12.6.2015, the fourth respondent has demanded a sum of ₹ 68,00,000/- as the interest payable for the delayed payment within three days. Hence, the petitioner has filed the present writ petition seeking time to pay the said amount in ten installments. 3. Mr.AR.L.Sundaresan, learned senior counsel for the petitioner submit .....

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