TaxTMI 
TaxTMI 
2014 (4) TMI 993
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....ty Commissioner (Assessment)-I/Commercial Tax, Allahabad-respondent no.2 under Section 8 (1) of the Trade Tax Act, levying interest of Rs.28,48,103/- as delayed payment of admitted tax for months of October, 2002 to March, 2003. 3. Shri Bharat Ji Agarwal, learned counsel appearing for the petitioner states that the order has been passed, based on the opinion in the judgment in M/s Bhushan Steel's case, which was considered and referred to larger bench in M/s Ambika Steels Private Limited vs. State of UP. He submits that in M/s Hindustan Lever Limited vs. State of UP 2010 UPTC 1612, the view taken in M/s Bhushan Steel' case was not found to be correct. The conclusions drawn by the Full Bench in M/s Hindustan Liver Limited vs. State of UP (s....
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....as calculated by the impugned order dated 23.6.2008. 5. In the counter affidavit of Shri R.P. Jaiswal, Deputy Commissioner, Commercial Tax, Sector-2, Allahabad, it is stated in paragraph 2-A and 2-B as follows:- "2.A That the petitioner is a co-operative society registered under U.P. Trade Tax Act and Central Sales Tax Act and engaged in production and sale of fertilizer (Urea). Petitioner got an eligibility certificate u/s 4A of the U.P. Trade Tax Act, after taking expansion the certificate allowed full exemption on the turnover of sale above the base production 658983 M.T. w.e.f. 1.3.1998 for 15 years. The petitioner opted for deferment of taxes in lieu of exemption as provided in Section 8 (A) of U.P. Trade Tax Act. Petitioner while co....
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.... of Rules 41 (1) of the U.P. Trade Tax Rules and on default the interest u/s 8 (1) is statutory, liability of the petitioner. Accordingly, the legal provision tax payable according to the provision of the Act, Rule made there under notification issued by State Government is admitted tax. On the demand of interest by the order dated 3.6.08 for the year 2002-03 petitioner filed the present writ petition." 6. A reading of the objections taken in the aforesaid paragraphs 3-A and 3-B of the counter affidavit prima facie shows that the interest has been calculated on the delayed payment of tax, which was admitted, and that the interest is still payable. 7. After hearing learned counsel for the parties, we find that the interest has been calcula....