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TMI Blog2001 (10) TMI 1110X X X X Extracts X X X X X X X X Extracts X X X X ..... he original petition is whether interest is payable only from the date of receipt of demand notices for payment of tax. Exhibits P7 and P8 are the assessment orders so received by the petitioner demanding payment of tax. That is dated March 31, 1995. It was, according to the specific averments in the original petition, served on him only on September 28, 1995. Exhibits P9 and P10 show that penal i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ] 122 STC 410. 2.. According to the respondent penal interest is to be levied on default of tax payable. The tax demanded is in respect of the year 1992-93 which was at any rate payable before April 1, 1993. So the petitioner is liable to pay interest on the tax accrued during the aforesaid year, at least with effect from April 1, 1993. 3.. What is demanded in exhibits P9 and P10 is penal in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t controverted. In such circumstances, this factual circumstances can be taken note of as substantiated on the basis of exhibits P15 and P16 produced along with C.M.P. No. 36149 of 1995. 4. The Supreme Court further held in the said decision: "A failure to file return of taxable turnover may render the assessee liable for any other consequences or penal action as provided by law but cannot attra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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