1993 (10) TMI 329

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..... n the facts and circumstances of the case, interest under section 11B was payable on the amount of penalty? 2.. Whether, in the facts and circumstances of the case, by virtue of the said stay order no interest was payable on decision of the appeal and revision petition? Brief facts of the case are that a penalty of Rs. 16,324 was imposed on the assessee under section 10A of the Central Sales T .....

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..... sessment, appeal, revision, rectification or otherwise) and such tax, interest or penalty, is not paid by such dealer within the time required by or under the provisions of this Act, he shall be liable to pay interest at the rate of two percent per month on the amount of tax or interest or penalty from the date of expiry of such time until the date of payment of such amount. (3) Where as a resul .....

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..... terest, fee or penalty and a demand notice is served on the assessee then interest is payable if the said demand is not paid within the time mentioned in the demand notice. Simply because there was a stay, it cannot be said that the demand was not payable. It was not enforceable and for the purpose of recovery only it was suspended temporarily during the pendency of appeal. Ultimately, the appeal .....

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