TMI Blog2019 (10) TMI 1498X X X X Extracts X X X X X X X X Extracts X X X X ..... demand raised vide an order of assessment, such order of assessment shall be deemed to be a demand notice and the demand raised there under is to be paid within 30 days from the date of service of the order of assessment. In such cases, interest under section 42(3) is liable to be paid in addition to the tax demanded at the rate of two per cent. per month for such month for the entire period of assessment. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereafter, notices dated December 16, 2010, May 20, 2011 and August 12, 2011, respectively was issued to the petitioner proposing the reversal of input-tax credit (ITC) allegedly claimed in excess of three per cent. of tax in line with the prescription under section 19(4) and 19(5) (c) of the Act. It was also proposed that interest in terms of section 42(3) of the Act would be levied. No objections were filed by the assessee culminating in the impugned orders of the assessments dated December 23, 2011, December 23, 2011 and September 9, 2011 respectively. 4. The short point argued by Mr. Chandrasekaran, learned counsel for the petitioner is that the provisions of section 42(3) would be inapplicable in the instant case since the demand co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 whole of the amount outstanding on the date of the default shall become immediately due and shall be a charge on the properties of the person or persons liable to pay the tax or penalty or interest under this Act. (2) . . . (3) On any amount remaining unpaid after the date specified for its payment as referred to in sub-section (1) or in the order permitting payment in instalments, the dealer or person shall pay, in addition to the amount due, interest at (two) per cent per month of such amount for the entire period of default : Provided that if the amount remaining unpaid is less ..... X X X X Extracts X X X X X X X X Extracts X X X X
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