9911796707
TMI Blog1996 (3) TMI 496X X X X Extracts X X X X X X X X Extracts X X X X ..... e scheme, such tax was not paid. The petitioner filed W.P. No. 14749 of 1993 in the High Court claiming the benefit of Interest Free Sales Tax Deferral Scheme for the purchase turnover of cotton and in that writ petition interim stay was granted in W.M.P. No. 22783 of 1993 dated August 6, 1993. However, the writ petition was dismissed by judgment dated December 16, 1994. Soon after the judgment of the High Court, the impugned notice of demand dated December 14, 1995 was issued by the Deputy Commercial Tax Officer, Gobichettipalayam, asking the petitioner to pay a sum of Rs. 1,85,623 for belated payment of tax under section 24(3) of the Tamil Nadu General Sales Tax Act, 1959. That notice itself states that the petitioner has paid the purch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the amount is not paid as directed and remains outstanding, then interest under section 24(3) is payable. In the instant case under the impression that the Interest Free Sales Tax Deferral Scheme covers purchase tax also the petitioner did not pay the purchase tax on the due date, but filed a writ petition which was dismissed by the High Court. He did not pursue the matter further. The learned counsel for the petitioner states that without demurring to any of the facts mentioned above and on the admitted facts, when the monthly returns submitted by the petitioner were found to be either incorrect or incomplete, then no tax is payable by him unless an order of assessment is made by the officer to the best of his judgment. Section 13(3) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, resulting in best of judgment assessment, then tax becomes due and payable only after issue of such order of assessment. In the instant case the returns submitted by the assessee claiming the benefit of Interest Free Sales Tax Deferral Scheme was not accepted by the Revenue. In the instant case the assessment was made under section 12 and therefore interest can be demanded under section 24(3) only after the date of the order of assessment. In this view, the impugned notice is set aside. However, it is open to the Revenue to initiate fresh proceedings that may be available to them. And this Tribunal doth further order that this order on being produced be punctually observed and carried into execution by all concerned. Issued under my ..... X X X X Extracts X X X X X X X X Extracts X X X X
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