9911796707
TMI Blog2013 (11) TMI 260X X X X Extracts X X X X X X X X Extracts X X X X ..... - 911 of 2007, Sales/Trade Tax Revision No. - 912 of 2007 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... l which was allowed by the first appellate authority vide order dated 6th April, 2002 and it was held that the explanation furnished by the assessee qua delay in deposit of the tax was bona fide and satisfactory and therefore, levy of penalty was set aside. Feeling aggrieved by the order so passed by the first appellate authority, the department filed six second appeals, which were clubbed togeth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... haser or not. This Court finds no illegality in the reasoning so assigned in the order of the Tribunal. It has to be kept in mind that payment of interest on the delayed amount of tax flows from statutory provision i.e. Section 8(1) of the Trade Tax Act while penalty proceedings are taken for delayed payment of tax under Section 15A (1) (a) of the Trade Tax Act. Both interest and penalty are two ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax reported in 1993 U.P.T.C.--212. The judgement relied upon by the assessee does not lay down any proposition of law as would be clear from paragraph-4 of the said judgement which specifically mentions that in the facts of the case, the Court was satisfied that no penalty was called for. Learned counsel for the assessee has also referred to the judgement of this Court in the case of M/s. Govind ..... X X X X Extracts X X X X X X X X Extracts X X X X
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