TaxTMI 
TaxTMI 
2015 (3) TMI 1109
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....e case is that the Petitioner Company has applied under Section 5 of the Samadhan Act,2011, whereby, they have deposited the money. According to them, the amount was paid as per the Best Judgment Assessment Due. However, the respondents had wrongly interpreted the Act and applied Sections 7(a) and 7(c) together for arriving at the amount. In other words, a Best Judgment assessment as contemplated under Section 7(a) is distinctively different from assessment made under Section 7(c). Therefore, the rejection of the settlement application by the respondents is absolutely not correct. Further, the Petitioner Company is not liable to pay the amount as sought for by the respondents. Due to wrong interpretation, the very right of the petitioner go....
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....the same order, in the interest portion, the Petitioner Company has to pay the amount along with interest was Rs. 82,05,177/-. But, the petitioner Company had paid Rs. 25,78,636/-. Therefore, the balance amount is to be paid by the petitioner Company is Rs. 56,25,6541/-. The difference in depositing the amount is 69%. 6. He would further contend that, at the time of filing of the Settlement Application itself, he had more than 69% of the amount due, which is a requisite deposit, as contemplated under the sub-section 3 Section 6 of the Tamil Nadu Sales Tax (Settlement of Arrears) Act,2011. As per the rules, not only the tax but also the interest has to be paid. But, conveniently, all along, he has been paying the lesser amount. In fact, t....
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....d as follows:- (a) Where it relates to arrears of tax which was assessed on the best of judgment due to nonproduction of accounts with corresponding arrears of penalty and interest, the applicant shall pay forty per cent of arrears of tax pending collection on the date of application along with interest calculated at seven and a half per cent per annum thereon and on such payment of tax, the balance of tax and interest and the entire penalty shall be waived. (b) Where it relates to arrears of tax, including any arrears of tax accrued due to non-filing of declaration forms which was in excess of the tax admitted as per the returns filed for the year with the corresponding arrears of penalty and interest, the applicant shall pay forty p....
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....39;or' and it contemplates, one by one, as extracted above, which is inclusive of all. As per Section 6, at the time of giving application for Settlement, the minimum amount as prescribed in the said Section has to be complied with. If the contention of the petitioner is accepted after paying the minimum amount and filing of the Settlement Application, on the last day, they will enjoy the time that cannot be permitted. In the earlier round of litigation in W.P.(MD).No.5638 of 2014 etc., since there was no personal hearing the matter was remitted back for passing orders afresh. Thereafter, personal hearing was given and the present impugned order came to be passed. Even then on the date of entering into settlement application, the Petiti....