TaxTMI 
TaxTMI 
2011 (2) TMI 1309
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....n the time prescribed failing which simple interest at the rate of fifteen per cent per annum shall become due and be payable on the unpaid amount with effect from the date immediately following the last date prescribed till the date of payment of such amount. Explanation (1).-For the purpose of this sub-section, the tax admittedly payable means the tax which is payable under this Act on the turnover of sales, or as the case may be, the turnover of purchases or of both, as disclosed in the accounts maintained by the dealer or admitted by him in any return or proceeding under this Act, whichever is greater. Explanation (2).-'Month' shall mean thirty days and the interest payable in respect of period of less than one month shall....
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....ted March 16, 2005. However, on January 17, 2007, i.e., after almost two years from the date of the said notification, revisionist wrote a letter to the Deputy Commissioner (Assessment) and thereby, held out that it is entitled to the benefit of the said notification dated March 16, 2005. By a letter dated May 10, 2007, the Deputy Commissioner (Tax Assessment) rejected the contention of the revisionist as contained in its letter dated January 17, 2007. While doing so, it was held out that the manufacturing unit of the revisionist is not situated within the area specified in the notification and that the product manufactured by the revisionist is in the negative list of the notification. In the meantime, from April, 2007 revisionist st....
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....er of the Deputy Commissioner (Assessment) dated May 10, 2007 was not an order amenable to section 30 of the Act. Soon thereafter, a provisional assessment was made. In course of such assessment, it was adjudged that the revisionist is liable to pay tax at rates more than one per cent. The provisional assessment was accepted by the revisionist and it paid the tax thus assessed. It is being contended, which we believe to be correct, that such assessed tax has been paid by the assessee much before expiry of three months from the date of assessment. However, while assessment was made, the assessing officer adjudged interest liability of the revisionist under sub-section (4) of section 34 of the Act. Aggrieved thereby, the revisionist app....
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....or reassessment of tax or enhancement thereof by any authority or court. Therefore, if tax payable is assessed or reassessed or enhanced by an authority, competent to do so under the Act or by a court, then only sub-section (6) of section 34 would apply. Whereas, sub-section (4) of section 34 would apply when tax admittedly payable has not been paid within the time prescribed. What is tax admittedly payable has been explained by the Legislature. While doing so, the Legislature has not said tax admittedly payable would be only those disclosed by the assessee in his return. On the other hand, the Legislature while explaining tax admittedly payable has specifically stated that the same would also connote such tax which is payable under the ....
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.... a boggy of a dispute by making an unjust claim by the letter dated January 17, 2007. After having had acted in the manner it was obliged to act for a period of roughly two years from the date of publication of the notification in question, the revisionist by purporting to write a letter on January 17, 2007 purported to wriggle out from its admission as regards payablity of tax by it. If such an action on the part of the assessee can be said to be not covered by sub-section (4) of section 34 of the Act, the same would permit the assessee to hoodwink tax law made by the Legislature. Be that as it may, there is no dispute as regards turnover of sales as disclosed in the accounts and tax payable thereon under the Act. We are therefore, also....