9911796707
TMI Blog2003 (8) TMI 480X X X X Extracts X X X X X X X X Extracts X X X X ..... f 2002) dated June 12, 2003 issued by the first respondent and to direct issue of certificate of settlement to the petitioner. 2.. The petitioner has averred that for the year 1996-97, against the assessment, he had preferred an appeal in A.P. No. 240 of 1998 and the same was partly remanded and partly dismissed. Aggrieved against this appellate order, he preferred a further appeal in T.A. No. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 92 towards penalty. Against this notice, the petitioner replied on February 13, 2003 claiming adjustment of excess tax towards penalty due as per the proviso to section 6(1) of the Act. Further, the respondent has issued the impugned notice dated June 12, 2003 proposing to reject the application based on the Special Commissioner and Commissioner of Commercial Taxes Letter No. K.Dis. Acts Cell-I/55 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proviso to section 6(1), the designated authority shall take into account any amount of tax, penalty or interest paid by the applicant before making an application under section 5 and deduct the amount so paid by him from the amount determined under this sub-section. The wordings in the first proviso to section 6(1) would mean an adjustment of any amount paid towards tax, penalty or interest bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rictly in accordance with the rates specified under section 7, it is implied that any amount which falls short of determined amount has to be collected from the applicant and any amount paid in excess of determined amount has to be refunded to the applicant. This is the true spirit of the provision in section 6(1). " 6.. In such circumstances, it is to be reiterated that whatever paid by the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, the original petition is allowed in the above matter. Consequently, the stay petition in O.M.P. No. 764 of 2003 does not survive. 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 hand and the seal of this Tribunal on the 6th day of August, 2003. Petition allowed. Reported as Nagalak ..... X X X X Extracts X X X X X X X X Extracts X X X X
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