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    <title>2006 (3) TMI 705 - KERALA HIGH COURT</title>
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    <description>Interest under section 23(3) of the Kerala General Sales Tax Act could be levied only where tax was actually in default, whether tax was payable under the return or became payable after assessment and notice of demand; if there was no proven default, no penal interest could be demanded. For purchase turnover not disclosed as taxable, the authority was directed to verify the returns, assessments and payments before sustaining any interest demand, and only the period of actual delay could attract interest. After the Supreme Court reversed the earlier exemption view, penalty under section 45A could be considered for later non-declaration, subject to statutory procedure and moderation to reflect delay in payment.</description>
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    <pubDate>Tue, 14 Mar 2006 00:00:00 +0530</pubDate>
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      <title>2006 (3) TMI 705 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=162723</link>
      <description>Interest under section 23(3) of the Kerala General Sales Tax Act could be levied only where tax was actually in default, whether tax was payable under the return or became payable after assessment and notice of demand; if there was no proven default, no penal interest could be demanded. For purchase turnover not disclosed as taxable, the authority was directed to verify the returns, assessments and payments before sustaining any interest demand, and only the period of actual delay could attract interest. After the Supreme Court reversed the earlier exemption view, penalty under section 45A could be considered for later non-declaration, subject to statutory procedure and moderation to reflect delay in payment.</description>
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      <pubDate>Tue, 14 Mar 2006 00:00:00 +0530</pubDate>
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