9911796707
TMI Blog1996 (3) TMI 486X X X X Extracts X X X X X X X X Extracts X X X X ..... the rate of penalty is 1 per cent on the amount of tax deposited late, even for 'part of the month'?" 2.. The brief facts giving rise to this reference are thus: In assessment case No. 48/80-81 for the period April 1, 1980 to March 31, 1981, the Assistant Commissioner, Sales Tax, Bilaspur, passed an assessment order on July 31, 1984. Three quarterly returns were filed belatedly and the assessee committed a default on payment of tax monthly which was not deposited in time; therefore, the assessing authority under section 17(3) of the Act, levied the penalty of Rs. 40,000 by order dated July 31, 1984. Then an appeal was preferred by the assessee before the Appellate Deputy Commissioner of Sales Tax, Bilaspur, who reduced the penalty by Rs. 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ys down that if (a) a dealer fails without sufficient cause to comply with the requirements of a notice issued under sub-section (1); or (b) a registered dealer fails without sufficient cause to pay the amount of tax in the manner prescribed under sub-section (2) of section 22 or to furnish his return under sub-section (1) or revised return under sub-section (2) for any period in the manner and by the date prescribed thereunder or while furnishing the return fails to furnish along with the return, the proof of payment as required by subsection (1-A); or (c) a registered dealer fails to furnish return, that if any of these defaults have been committed then they are exposed to the penalty as prescribed in clauses (1), (ii) and (iii). We are c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to the extent of delay caused in filing the return or depositing the tax, as the case may be. Therefore, the view taken by the Tribunal that the expression "part thereof" means whole of the month and calculation of the penalty on that basis is not correct. The assessing authority as well as the first appellate authority have correctly approached the matter and correctly interpreted the expression "part thereof" in levying the penalty for default. In this connection, we are supported by the view taken by the Allahabad High Court in Brooke Bond India Limited v. Commissioner of Sales Tax [1982] 51 STC 357, wherein a similar question under the U.P. Sales Tax Act came up for interpretation and their Lordships have interpreted the aforesaid ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
