Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

M/s. Lords Distillery Limited Versus State of U.P. And Others

2015 (9) TMI 251 - ALLAHABAD HIGH COURT

Power to issue demand notice - manufacture of industrial alcohol as well as potable alcohol - Demand of interest u/s 38A - Held that:- In the case of the petitioner while questioning the validity of the amendment made in Rule 12 of the Rules, a Division Bench of this Court held in its judgment [2011 (7) TMI 1122 - ALLAHABAD HIGH COURT] that Rule 12 of the Rules was made in exercise of powers under Section 41 of the Act and such overtime charges required to be paid under Rule 12 of the Rules is i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on that so long the decision of this Court dated 26.07.2011 stands and is not set aside by the Supreme Court, the imposition of interest by the respondent is justifiable under Section 38-A of the Act - Decided against the assessee. - Civil Misc. Writ Petition No. 475 of 2012 - Dated:- 3-9-2015 - Hon'ble Tarun Agarwala And Hon'ble Surya Prakash Kesarwani, JJ. ORDER ( Per : Tarun Agarwala, J. ) 1. The petitioner is engaged in the manufacture of industrial alcohol as well as potable alcohol .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

it petition no. 1327 of 2007 on the ground that the amendment in the rates of overtime charges was without any statutory backing and that the enhancement of overtime charges was without any basis and had no co-relation with the services rendered by the Excise Department. During the pendency of the writ petition, the Excise Department raised a demand of ₹ 29,62,007.45 towards overtime charges for the extra hours for which the distillery on its own request had operated. The said demand was c .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

long with other similarly situated persons filed Special Leave Petition before the Supreme Court, which was entertained and leave was granted by an order dated 09.01.2012 holding that the appeals would be heard. The appeals are still pending disposal before the Supreme Court of India. 4. Thereafter, demand notices dated 22.03.2012 and 27.03.2012 were issued demanding payment of interest on late deposit of overtime charges. The petitioner made a representation and, while the representation was pe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ised in the writ petition, namely, that the respondents had no power to issue the demand notices. It was however contended that the interest could only be charged under Section 38-A of the Act on arrears of excise revenue. It was contended that overtime charges paid under Rule 12 of the Rules is not an excise revenue and, therefore, interest on such overtime charges could not be charged or realised under Section 38-A of the Act. It was also contended that the last paragraph of the judgment of th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

becomes payable, interest at such rate not exceeding twenty-four percent per annum, as may be prescribed, shall be payable from the date such excise revenue becomes payable till the date of actual payment. Provided that until a higher rate is prescribed, the rate of interest will be eighteen percent per annum; Provided further that in respect of an excise revenue which became payable before the commencement of the Uttar Pradesh Excise (Amendment). Act, 1985 interest at the said rate shall be pay .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ction 39 shall mutatis mutandis apply to realisation of such interest as they apply to realisation of excise revenue." 8. A perusal of the aforesaid provisions indicates that where any excise revenue has not been paid within three months from the date on which it becomes payable, interest would then become payable. The words "Excise Revenue" has been defined under Section 3(1) of the Act, which is as under: 3(1)"excise revenue" means revenue derived or derivable from any .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version