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    <title>1994 (11) TMI 413 - ALLAHABAD HIGH COURT</title>
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    <description>Interest under section 8(1) of the U.P. Sales Tax Act, 1948 was held not chargeable where the assessee tendered payment by cheque within the prescribed time under rule 48(b) of the U.P. Sales Tax Rules, 1948 and the department failed to present the cheque for encashment. The court applied the principle that interest for delayed payment arises only when the default is attributable to the assessee. Because the cheque was duly received in time and the delay in realisation resulted from the department&#039;s omission, the assessees were not in default. The recovery proceedings for the relevant assessment year were quashed.</description>
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    <pubDate>Tue, 08 Nov 1994 00:00:00 +0530</pubDate>
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      <title>1994 (11) TMI 413 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=158560</link>
      <description>Interest under section 8(1) of the U.P. Sales Tax Act, 1948 was held not chargeable where the assessee tendered payment by cheque within the prescribed time under rule 48(b) of the U.P. Sales Tax Rules, 1948 and the department failed to present the cheque for encashment. The court applied the principle that interest for delayed payment arises only when the default is attributable to the assessee. Because the cheque was duly received in time and the delay in realisation resulted from the department&#039;s omission, the assessees were not in default. The recovery proceedings for the relevant assessment year were quashed.</description>
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      <pubDate>Tue, 08 Nov 1994 00:00:00 +0530</pubDate>
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