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1988 (8) TMI 382

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..... , C.S.T. Zone IV, Madras-10. The petitioner was ex-director of the said company along with three other directors by name A. Amirthalingam, Sankaran and Dharmar. One of the directors, Sankaran, sponsored the said company. The company was also registered under the Indian Companies Act, 1956, as a private limited company. The company was carrying on business in oil and oil cakes within the jurisdiction of the Deputy Commercial Tax Officer, C.S.T. Zone IV, Madras-10. The company was running the business for a very short period, viz., for one year from 1967 to 1968. The company was assessed to Central sales tax under assessment No. CST 6665/67-68. Since the company incurred heavy loss from the inception itself, it was wound up and closed in the .....

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..... No. 875 dated 15th October, 1982 permitting the petitioner to pay the tax dues of Rs. 5,757.11 in 15 equal monthly instalments. At the time of submitting his application for payment in instalments, the petitioner had stated by mistake that he was a partner of the erstwhile company instead of a director. In the Government Order issued by the second respondent, the petitioner was directed to pay penal interest at 24 per cent on the outstanding arrears till date of clearance under section 24(3) of the Tamil Nadu General Sales Tax Act. Subsequent to the order of the second respondent, the first respondent issued the petitioner the impugned proceedings demanding payment of arrears of tax of Rs. 5,757.11 together with penalty of Rs. 13,011. Aggri .....

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..... the Government and obtained a stay order to pay the arrears in 15 monthly equal instalments in G.O. Ms. No. 875 dated 15th October, 1982. It is also submitted on behalf of the Revenue by Mr. Lokapriya that one instalment was also paid by the petitioner in accordance with the said G.O. Ms. No. 875 dated 15th October, 1982. In that G.O. it was also stipulated that penal interest at 24 per cent on the outstanding arrears of tax till the date of clearance of the arrears under section 24(3) of the Tamil Nadu General Sales Tax Act, 1959 should be paid. Therefore, a notice was issued to pay the arrears of sales tax and penal interest in 15 monthly instalments. Arrears of sales tax and penal interest are recoverable as if it were an arrears of land .....

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