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MODIPON FIBER CO Versus STATE OF GUJARAT

2015 (9) TMI 527 - GUJARAT HIGH COURT

Levy of Interest – Delayed payment – Whether Tribunal was right in law in holding that applicant was liable to pay interest as assessed by Sales Tax Officer under section 47(4A) of Gujarat Sales tax Act, 1969 – Held that:- Similar question was discussed in case of Brook Bond India Ltd Vs. State of Gujarat [1998 (11) TMI 632 - GUJARAT HIGH COURT] – On considering ratio laid down in said case as similar facts and questions of law were involved, assesses would not be liable to pay any interest as a .....

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NOURABLE MR.JUSTICE A.J.DESAI) The Gujarat Sales Tax Tribunal by its order dated 7/4/2000 in Reference Application No. 44/1994 has referred the matter to this Court under section 69 of the Gujarat Sales Tax Act, 1969 for the decision of the following question: Whether on the facts and in the circumstance of the case, an in view of the decision of Supreme Court in the case of J.K.Synethetics (94 STC 422) the Tribunal was right in law in holding that the applicant was liable to pay interest as ass .....

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ad-hoc payment of tax made prior to assessment even though such tax liability was not due as per the returns filed by the appellant? We have heard learned advocates appearing for the respective parties in the matters and learned AGP Ms. Desai for the respondent state authority. The question in all these matters is with regard to the payment of interest upon the delayed payment under section 47(4A) of the Act since the assesses had already paid the tax before the order of assessment is passed by .....

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aid down by the Honourable the Supreme Court in case of J.K.Synthetics Limited and Birla Cement Works and another Vs. Commercial Taxes Officer and State of Rajasthan and Anr reported in (1994) 94 STC 422 as well as in case of Brook Bond India Ltd Vs. State of Gujarat reported in (1999) 113 STC 185 (Guj). In the case on hand wherein reference has been made the assessment year was from 1/7/1985 to 30/6/1986. However, the deficit as well as the tax was paid by the assesses on 6/5/1987 and the order .....

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om a slightly different angle. Section 7(1) enjoins on every dealer that he shall furnish prescribed returns for the prescribed period within the prescribed time to the assessing authority. By the proviso the time can be extended by not more than fifteen days. The requirement of section 7(1) is undoubtedly a statutory requirement. The prescribed return must be accompanied by a receipt evidencing the deposit of full amount of tax due in the State Government on the basis of the return. That is the .....

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nd tax due is that amount which becomes due ex hypothesis on the turnover and taxable turnover shown in or based on the return . The word payable is a descriptive word, which ordinarily means that which must be paid or is due, or may be paid but its correct meaning can only be determined if the context in which it is used is kept in view. The word has been frequently understood to mean that which may, can or should be paid and is held equivalent to due . Therefore, the conjoint reading of sectio .....

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