2013 (2) TMI 713

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....R. Mittal (Judicial Member) The assesee has filed this appeal for assessment year 2007-08 against order dated 15.9.2011 of ld CIT(A) -II, Thane on following ground: "The AO erred in disallowing the interest on late payment of MVAT Act, 2002 to the extent of Rs. 6,41,348/- which is compensatory in nature and rightly claimed u/s.37(1) of MVAT Act, 2002." 2. Facts in brief are that ass....

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....he range of 15 to 30 days to establish the business. Assessee being new to the business, realization of funds from sundry creditors was late. Hence, assessee was not able to make VAT payments in time. AO did not accept the assessee's submission. He observed that assessee had to make this payment on account of his default in making payment of statutory dues in time. Therefore, the extra payment....

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.... % per month being Rs. 6,41,348/- on self assessment basis which is prescribed in the said Act. 5. The Hon'ble Supreme Court in the case of Mahalakshmi Sugar Mills Co. vs. CIT, 123 ITR 429(SC) have held that interest for delay payment of statutory dues is an allowable deduction u/s.37(1) of the Act. Same view has also been taken by Hon'ble Supreme Court in the case of Lachmandas Mathura....