2008 (9) TMI 911

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... by Trade Tax Tribunal, Uttarakhand, in Appeal No. 37 of 2006 and Appeal No. 38 of 2006, whereby the appeals of the respondent/assessee are allowed setting aside the order passed by the Joint Commissioner (Appeal) affirming the order of the assessing officer dated March 11, 2003 passed under section 22 of the aforesaid Act. The question of law involved in the revision is as under: Whether, on the facts and in the circumstances of the case, the Tribunal erred in law in knocking off the interest imposed by the assessing officer, ignoring the provision contained in section 9 of the Central Sales Tax Act, 1956?   Heard learned counsel for the parties. Brief facts of the case are that the respondent/assessee is engaged in the business o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ddition to the penalties or punishment for an offence but excluding the provisions relating to matters provided for in sections 10 and 10A) of the general sales tax law of each State shall, with necessary modifications, apply in relation to the assessment, reassessment, collection and the enforcement of payment of any tax required to be collected under this Act in such State or in relation to any process connected with such assessment, re-assessment, collection or enforcement of payment as if the tax under this Act were a tax under such sales tax law." The rate of interest on the admitted tax is provided under section 8(1) of the U.P. Trade Tax Act, 1948, applicable in the State of Uttarakhand, which reads as under: "8. Payment and recove....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....or the tax payable on the disclosure by the dealer/ assessee. In the present case the tax which was required to be paid under section 9 of the Central Sales Tax Act, 1956, read with section 8 of the U.P. Trade Tax Act, 1948, is the tax as disclosed payable by the assessee/deale in his return. The interest is payable under section 8 of the U.P. Trade Tax Act, 1948, only when the assessee failed to pay the admitted tax within time prescribed under the law. There is no dispute in the present case that the respondent/assessee did deposit the concessional rate of tax, within time, which he mentioned to be payable by him in his return and also with regard to the fact that he has paid the tax assessed by the assessing officer within time thereafte....