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Indian Oil Corporation Ltd. Versus State of Assam and others

2015 (12) TMI 237 - GAUHATI HIGH COURT

Levy of tax on difference between the re-sale price and the purchase price and the surcharge component collected on the sale price - Held that:- Earlier assessment orders and demand notice passed were set aside by the Supreme Court with a direction for de novo assessments and after de novo assessment it is found that there is Nil demand for the assessment years. Therefore, the question of payment of interest for the Nil demand does not arise. - Accordingly the impugned orders are quashed - It is .....

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. Dr. A. K. Saraf, Senior Advocate, D. Baruah, Miss N. Hawelia, M. L. Gope, S. Chetia, A. Goyal and M. Khan for the petitioner. D. Saikia and Standing Counsel, Finance Department, for the respondents. ORDER The petitioner, Indian Oil Corporation, purchased petroleum products from BRPL and resold the products in the State of Assam to its dealers. The petitioner collected surcharge from the dealers for payment to the Central Government. The Superintendent of Taxes in his assessment order found tha .....

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d not a statutory provision. Therefore, to treat the same as a component of sale price was held to be justified. However, with regard to the liability to pay tax, it is held that the difference between the purchase price paid by the petitioner and the resale price collected from its dealers shall alone be levied to tax and not the entire sale consideration levied by the petitioner from its dealers. In order to quantify the said amount of difference of price, which is a question of fact, the matt .....

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of section 22 as it existed prior to amendment with effect to February 22, 2000 submitted that when once the earlier assessments have been set aside and notice of demand has been set aside upon fresh assessment and when there is Nil demand, the question of payment of tax does not arise. Per contra, the Additional Advocate General, Assam, for the Department submitted that the view taken by the Commissioner of Taxes in appeals that the interest to be collected on the notice of demand construing t .....

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tion (3) of section 16 as may be applicable to him on or before the date or dates on which such payments were due to be paid under sub-section (1) of that section, he shall pay simple interest at the rate of two percentum for each month on the amount of the tax remaining so unpaid from the first day of the month next following the date on or before which such tax was payable up to the end of the month immediately preceding the month in which such amount is paid in full or up to the end of the mo .....

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date up to the month immediately preceding the month in which the full amount of the assessed tax is paid, or up to the month preceding the month in which any proceeding under section 27 is commenced, whichever is earlier, whether or not the payment of such tax has been stayed or time for its payment allowed by a court or any authority under this Act. (3) Where the amount of tax referred to in sub-section (2) exceeds by ten percentum or more the amount of tax payable by him in accordance with th .....

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following the due date for payment of tax for the period for which the assessment is made up to the end of the month immediately preceding the month in which the assessment is made." Sub-section (1) of section 22 deals with the situation where the assessee does not pay the tax as per the returns or if there is any deficit payment of tax, interest on deficit amount becomes payable. Sub-section (2) deals with the situation where after assessment if it is found that demand notice is issued and .....

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