9911796707
TMI Blog2019 (10) TMI 1498X X X X Extracts X X X X X X X X Extracts X X X X ..... The petitioner is a manufacturer and dealer in copper nickel ingots, copper cathode, zinc acid and zinc sulphate. It is an assessee on the file of the Commercial Tax Officer, Kancheepuram (North) Assessment Circle (respondent). The petitioner purchased, in the course of its business, various raw materials after payment of necessary tax and claimed input-tax credit (ITC) on the tax paid by it to its sellers on the purchase of taxable goods. 3. The orders of assessments under scrutiny in terms of section 22(3) of the Act were passed on May 12, 2010, May 16, 2011 and August 12, 2011 respectively. Thereafter, notices dated December 16, 2010, May 20, 2011 and August 12, 2011, respectively was issued to the petitioner proposing the reversal of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the statutory prescription. 6. The provision of sections 42(1) and 42(3) of the Act dealing with payment and recovery of tax, penalty, etc., are relevant for adjudication of this matter and are extracted below : "42. Payment and recovery of tax, penalty, etc.-(1) Save as other wise provided for in section 21, the tax assessed or has become pay able under this Act from a dealer or person and any other amount due from him under this Act shall be paid in such manner and in such instalments, if any, and within such time as may be specified in the notice of assessment, not being less than thirty days from the date of service of the notice. The tax under section 21 shall be paid without any notice of demand. In default of such payment, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cent. per month for such month for the entire period of assessment. 8. In the present case, the petitioner has admittedly remitted the demand for the years 2007-08 and 2008-09 on January 31, 2011 and June 23, 2011 even prior to the dates of assessment, i. e., December 23, 2011. Thus and since the demands have been paid within the time lines stipulated in terms of section 42(1), no interest can be levied in terms of section 42(3). As far as the period 2009-10 is concerned, the order of assessment is dated September 9, 2011 and the demand raised has been remitted on October 7, 2011 within 30 days from date of order itself. Thus even in this case, the provisions of section 42(1) and 42(3) of the Act are inapplicable. 9. The arguments of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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