2010 (10) TMI 952

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....d is whether the Commissioner of Commercial Taxes was justified in holding that the appellant is liable to pay interest on belated payment of Central sales tax for the assessment year 2000-01. We have heard counsel appearing for the appellant and the Government Pleader for the respondent. The facts are admitted inasmuch as the appellant though made interState sale declaring turnover at concessi....

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....court justified levy of interest for belated payment of tax. Accordingly, the first revisional order was vacated by the Commissioner in exercise of suo motu revisional power and interest levied was restored. This appeal is filed against the order of the Commissioner restoring levy of interest. The appellant's contention is that since CST Rules provide for filing of C forms later, the Divisio....

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....yed payment of tax under this Act in such States as if the tax and the interest payable under this Act were a tax and an interest under such sales tax law." 4 It is to be noted that prior to introduction of section 9(2B) by the Finance Act, 2000, sub-section (2A) was introduced to section 9 of the CST Act by Act 103 of 1976 making the provisions of local Sales Tax Act of the State in respect of....

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....t of tax at concessional rate at four per cent along with monthly returns is on the specific premise that the appellant will produce C forms later or will pay differential tax with interest. The stand taken by the appellant is that since there is time to produce C forms, such time available for production of C forms will be available for payment of balance tax with out interest. However, section 9....