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    <title>2006 (10) TMI 407 - KERALA HIGH COURT</title>
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    <description>Penal interest under section 23(3) of the Kerala General Sales Tax Act, 1963 was held not leviable on the facts, because the assessee&#039;s revised return and payment were made before service of any notice of demand and before section 23(3A) came into force. The court treated penal interest as arising only when tax becomes due on a valid assessment or return, and distinguished it from a penalty for defective or delayed filing. On that statutory footing, the demand for penal interest could not be sustained against the assessee.</description>
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    <pubDate>Tue, 17 Oct 2006 00:00:00 +0530</pubDate>
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      <title>2006 (10) TMI 407 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=163181</link>
      <description>Penal interest under section 23(3) of the Kerala General Sales Tax Act, 1963 was held not leviable on the facts, because the assessee&#039;s revised return and payment were made before service of any notice of demand and before section 23(3A) came into force. The court treated penal interest as arising only when tax becomes due on a valid assessment or return, and distinguished it from a penalty for defective or delayed filing. On that statutory footing, the demand for penal interest could not be sustained against the assessee.</description>
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      <pubDate>Tue, 17 Oct 2006 00:00:00 +0530</pubDate>
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