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    <title>2009 (12) TMI 864 - KERALA HIGH COURT</title>
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    <description>Interest under section 23(3A) of the Kerala General Sales Tax Act is compensatory and applies not only where turnover is totally omitted from a return, but also where taxable turnover is under-disclosed, wrong exemption is claimed, or goods are classified at a lower rate, causing short payment of tax. The amendment was treated as clarificatory because the provision would otherwise not cover short payment arising from incorrect rate adoption or misclassification. Interest was therefore payable from the date tax would have fallen due on correct disclosure and classification, the earlier contrary interpretation was overruled, and the levy was restored, subject to a limited amnesty-related concession on the facts.</description>
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    <pubDate>Wed, 16 Dec 2009 00:00:00 +0530</pubDate>
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      <title>2009 (12) TMI 864 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=164397</link>
      <description>Interest under section 23(3A) of the Kerala General Sales Tax Act is compensatory and applies not only where turnover is totally omitted from a return, but also where taxable turnover is under-disclosed, wrong exemption is claimed, or goods are classified at a lower rate, causing short payment of tax. The amendment was treated as clarificatory because the provision would otherwise not cover short payment arising from incorrect rate adoption or misclassification. Interest was therefore payable from the date tax would have fallen due on correct disclosure and classification, the earlier contrary interpretation was overruled, and the levy was restored, subject to a limited amnesty-related concession on the facts.</description>
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      <pubDate>Wed, 16 Dec 2009 00:00:00 +0530</pubDate>
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