1994 (11) TMI 413

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..... the realisation of interest for the assessment year 1975-76. The case of the petitioners is that under rule 48(b) of the U.P. Sales Tax Rules, 1948, the payment can be made by cheque. The petitioners having deposited the entire amounts within time in accordance with this provision, the liability for payment of interest does not arise, since the department has failed to present the cheque for payme .....

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..... case of Anand Trading Co., Kanpur v. State of U.P. 1991 UPTC 1022 that there could be no levy of interest on the encashed cheque admittedly received along with form IV and submitted to bank for collection by department, cheque neither dishonoured nor any intimation sent by the department to dealer regarding non-encashment of cheque. In such a situation no interest is chargeable under section 8(1) .....

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