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Issues: Whether interest could be levied under the U. P. Sales Tax Act on amounts of tax relating to disputed transactions for which the dealer had claimed exemption and the tax was not admitted tax.
Analysis: The Tribunal had not recorded any finding on the taxability of the disputed transactions under Section 3-D of the U. P. Sales Tax Act, and the challenge to that aspect did not arise for determination. On the question of interest, the Court held that where the dealer was claiming exemption in respect of the disputed turnover, the tax demanded on such turnover could not be treated as admitted tax. In such a situation, interest under Section 8(1) of the U. P. Sales Tax Act was not leviable. The Tribunal's view that the interest demand was unsustainable was therefore consistent with law.
Conclusion: Interest under Section 8 of the U. P. Sales Tax Act was not leviable on the disputed turnover claimed as exempt, and the revision petitions failed on this issue.
Ratio Decidendi: Interest cannot be charged under the sales tax law on disputed tax liability that is not admitted tax, particularly where the dealer has claimed exemption on the turnover concerned.