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    <title>2013 (6) TMI 82 - KERALA HIGH COURT</title>
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    <description>Section 17D(5) of the Kerala General Sales Tax Act requires payment of the assessed tax amount as a condition for filing an appeal, and that expression does not extend to interest unless the statute expressly says so. Interest is treated as a separate liability and cannot be merged with tax payable for this pre-condition. On the facts described, the assessed tax had already been paid, so the appeal could not be treated as defective for non-payment of interest, and the defect notice was unsustainable.</description>
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      <description>Section 17D(5) of the Kerala General Sales Tax Act requires payment of the assessed tax amount as a condition for filing an appeal, and that expression does not extend to interest unless the statute expressly says so. Interest is treated as a separate liability and cannot be merged with tax payable for this pre-condition. On the facts described, the assessed tax had already been paid, so the appeal could not be treated as defective for non-payment of interest, and the defect notice was unsustainable.</description>
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      <pubDate>Tue, 05 Jun 2012 00:00:00 +0530</pubDate>
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