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TMI Blog2013 (6) TMI 639X X X X Extracts X X X X X X X X Extracts X X X X ..... cise Act read with Rules 139 to 158 and the Notification No. 21/86CE dated 10.2.1986, the Excise Duty being payable at the time of removal of the excise goods at the value which is assessable at the time and place of removal from the Warehouse, the said Duty cannot be legally treated as duty payable by the applicant-Corporation and no tax can be legally imposed on that? 3. Whether the assessed tax on the Notional Excise Duty treated as part of the taxable turnover having been disputed from the levy beginning cannot be treated as admitted tax and no interest was payable? 4. Whether in any view of the matter, the levy of interest on the assessed tax on the amount of Notional Excise Duty is liable to be quashed? Question nos. 1 and 2 relate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h of the Apex Court in the case of J.K. Synthetics Limited Vs. The Commercial Tax Officer, reported in 1994 U.P.T.C-893 wherein it has been held as follows: "Let us look at the question from a slightly different angle. Section 7 (1) enjoins on every dealer that he shall furnish prescribed returns for the prescribed period within the prescribed time to the assessing authority. By the proviso the time can be extended by not more than fifteen days. The requirement of Section 7(1) is undoubtedly a statutory requirement. The prescribed return must be accompanied by a receipt evidencing the deposit of full amount of 'tax due' in he State Government on the basis of the return. That the is the requirement of Section 7 (2). Section 7 (2-A), no doub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 7 of the Act and, therefore, it would be difficult to hold that the 'tax payable' by him 'is not paid' to visit him with the liability to pay interest under clause (a) of Section 11-B. It would be a different matter if the return is not approved by the authority but hat is not the case here. It is difficult on the plain language of the section to hold that the law envisages the assessee to avoid the liability to pay interest. That would be asking him to do the near impossible." The Division Bench decision of the Apex Court in the case of Commissioner of Sales Tax Vs. Quareshi Crucible Centre, reported in 1993 U.P.T.C.-901 is not applicable to the present case. In the said case the classification of the goods or rate of tax was not in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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