1994 (11) TMI 413

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..... 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 payment. It is further contended that when the said cheque was never dishonou .....

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..... 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) of the U.P. Sales Tax Act. In view of these two decisions the present .....

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