9911796707
TMI Blog2005 (6) TMI 535X X X X Extracts X X X X X X X X Extracts X X X X ..... yable under section 5D of the Kerala General Sales Tax Act, 1963 is justified or not is the question that has come up for consideration in this case. The assessee is a dealer in gold ornaments. They opted to pay tax at the compounded rates under section 7 of the KGST Act for the year 2001-02. The request of the assessee was accepted by the assessing authority. Later a demand notice No.25153901/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessing authority was challenged by the assessee before the Deputy Commissioner stating that the assessing authority had erred in levying additional tax with effect from July 23, 2001 and that the assessing authority was not justified in levying interest for non-payment of additional sales tax. The revision petition filed by the assessee was rejected by the Deputy Commissioner holding th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt upheld the said provision and held that the assessee is liable. We are in this case concerned with the question whether in such a case for delayed payment penal interest could be demanded. Section 5 and section 5A are charging section. Section 5 provides for the levy of sales tax on the transfer of property in the goods and section 5A deals with purchase tax. Section 5D provides for levy of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount accrued or due under this Act is not paid by any dealer or other person within the time prescribed therefor, in this Act or in any rule made thereunder, and in other cases within the time specified therefor in the notice of demand, the dealer or other person shall pay, by way of interest, in the manner prescribed for the delayed payment and therefore the assessee is bound to pay the interest. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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