1996 (11) TMI 399

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..... der that Act arises only if such tax or amount is not paid “within the time specified therefor in the notice of demand”. There being no notice of demand, it was held that the liability to pay penal interest did not arise. It is necessary to emphasise that this is not a case of payment of interest at the ordinary statutory rate but a case of penal interest and it is, therefore, that the Act provide .....

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..... ur view, come to the correct conclusion. 2.. Having regard to the phraseology of section 23(3) of the Kerala General Sales Tax Act, the liability of the dealer to pay penal interest on the tax assessed or any other amount due under that Act arises only if such tax or amount is not paid within the time specified therefor in the notice of demand . There being no notice of demand, it was held th .....

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