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    <title>1985 (3) TMI 310 - KARNATAKA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=199799</link>
    <description>Section 13(2) of the Karnataka Sales Tax Act was construed as a compensatory interest provision, not a penalty, because its substance was to compensate the State for delayed tax payment and deter default. The challenge under Articles 14 and 19(1)(f) failed since uniform treatment of defaulting assessees and graduated interest for delay were treated as legitimate fiscal recovery measures. Section 13(2A) was upheld as a beneficial remission provision and not an instance of excessive delegation, as it operated within prescribed conditions and legislative control. Applying severability, the charging provision was held independent and capable of surviving even if the remission provision were invalid.</description>
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    <pubDate>Wed, 20 Mar 1985 00:00:00 +0530</pubDate>
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      <title>1985 (3) TMI 310 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=199799</link>
      <description>Section 13(2) of the Karnataka Sales Tax Act was construed as a compensatory interest provision, not a penalty, because its substance was to compensate the State for delayed tax payment and deter default. The challenge under Articles 14 and 19(1)(f) failed since uniform treatment of defaulting assessees and graduated interest for delay were treated as legitimate fiscal recovery measures. Section 13(2A) was upheld as a beneficial remission provision and not an instance of excessive delegation, as it operated within prescribed conditions and legislative control. Applying severability, the charging provision was held independent and capable of surviving even if the remission provision were invalid.</description>
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      <pubDate>Wed, 20 Mar 1985 00:00:00 +0530</pubDate>
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