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    <title>2015 (4) TMI 699 - KERALA HIGH COURT</title>
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    <description>Penal interest under Section 23(3) of the Kerala General Sales Tax Act could not be levied on differential tax that arose only on completion of assessment for assessment year 1996-1997, because the dealer had already filed the return and paid the tax disclosed therein; the additional liability arose only after rubber cess was included in purchase turnover at assessment, and that provision did not permit penal interest on such later-assessed differential tax. Section 23(3A), introduced only from 1998, was held not to apply retrospectively to assessment year 1996-1997. The levy of penal interest was therefore unsustainable to that extent.</description>
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    <pubDate>Mon, 10 Nov 2014 00:00:00 +0530</pubDate>
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      <title>2015 (4) TMI 699 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=258818</link>
      <description>Penal interest under Section 23(3) of the Kerala General Sales Tax Act could not be levied on differential tax that arose only on completion of assessment for assessment year 1996-1997, because the dealer had already filed the return and paid the tax disclosed therein; the additional liability arose only after rubber cess was included in purchase turnover at assessment, and that provision did not permit penal interest on such later-assessed differential tax. Section 23(3A), introduced only from 1998, was held not to apply retrospectively to assessment year 1996-1997. The levy of penal interest was therefore unsustainable to that extent.</description>
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      <pubDate>Mon, 10 Nov 2014 00:00:00 +0530</pubDate>
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