2018 (3) TMI 1271

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....er : Mr.B.Raveendran For the Respondent : Mr.S.Kanmani Annamalai, Mr.R.Rajeswaran ORDER Heard Mr.B.Raveendran, learned counsel for the petitioner; Mr.S.Kanmani Annamalai, learned Additional Government Pleader (Taxes) for the respondents 1 and 2 and Mr.R.Rajeswaran, learned Special Government Pleader for the 3rd respondent. 2.The petitioner has impugned an order passed by the 1st respondent dem....

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....6 ahead of the date of cancellation of the agreement (24.01.2007). Subsequently, the petitioner cleared the remaining balance of Rs. 13,57,524/- on 13.04.2007. Both the aforesaid payments were well within the original period of deferral as per the agreement dated 27.04.2000 which is upto 22.09.2008 (if it was not cancelled). The 1st respondent issued a demand for payment of interest under Section ....

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....s an identical issue arose for consideration before the Tribunal with regard to the period during which interest is payable under Section 24(3) of the Act in cases of violation of deferral agreement. The Larger Bench of the Special Tribunal held that the dealer was liable to pay interest from the date of cancellation of the agreement till the date he paid the entire amount. The petitioner placed r....

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.... pre-emptive date viz., 22.09.2008, had the deferral agreement been in force. Thus, the petitioner is also entitled to the benefit of the ratio laid down by the Tamil Nadu Special Tribunal in the aforementioned case and the interest payable by the petitioner shall be only from the date of cancellation of the agreement viz., 24.01.2007 till the date of payment viz., 13.04.2007. 7.In the light of t....