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TMI Blog2014 (4) TMI 993X X X X Extracts X X X X X X X X Extracts X X X X ..... cordingly there was no question of payment of delayed interest – However, the judgment will be subject to the decision of the Supreme Court in Special Leave to Appeal (Civil) No (s). 4257/2011 - Decided in favour of assessee. - Writ Tax No. - 1327 of 2008 - - - Dated:- 29-7-2013 - Hon'ble Sunil Ambwani And Hon'ble Surya Prakash Kesarwani,JJ. For the Petitioner : Arvind Saran Das, Bharat Ji Agrawal, S. S. Das, Shubham Agrawal For the Respondent :- C.S.C. ORDER 1. We have heard Shri Bharat Ji Agrawal, Senior Counsel appearing for the petitioner-company. Shri C.B. Tripathi appears for the State respondents. 2. In this writ petition the petitioner-company has prayed for quashing the order dated 23.6.2008 passed by the Deput ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overruled. The reference is answered accordingly. Let this judgment be placed before the appropriate Division Bench for the disposal of individual writ petition in the light of the law laid down as above." 4. Shri Bharat Ji Agarwal states that the liability of interest has been calculated by excluding the stock transactions, and consignment sale from base production for the purposes of granting exemptions. He submits that the impugned order clearly mentions that the interest is being calculated in view of the judgment of M/s Bhushan Stels's case on the question of exemptions on base production without taking into consideration stock transfers and consignment sales. The view has since been overruled, and thus there is no demand of int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Hon'ble High Court in writ petition no.278 of 2004 the sales shown by petitioner related to base production for the years 2002-03 was not correct. After excluding the quantity of consignment of goods outside the liability of tax to be paid on the sales of goods related to base production stand changed. The petitioner has neither paid their taxes accordingly nor any interest on delayed payment. Since by opting tax deferment all the taxes were paid in the month of March, 2003 and March, 2004, which was due in month of October 2002 to April 2003 on the delayed payment the interest was calculated and demanded. After the decision of Hon'ble High Court in the case of Ambica Steels Pvt. Ltd (supra) the liability to pay the tax according to the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n granted. 9. We do not find that either the operation of the judgment in M/s Hindustan Liver Limited) has been stayed or that any direction has been given contrary to the view taken by the Full Bench. 10. In view of the above discussion, we find that there could be no demand on which the interest was calculated under Section 8 (1) of the Act by the impugned order dated 23.6.2008. 11. The writ petition is allowed. The impugned order passed by the Deputy Commissioner, Khand 1, 2, 12 and 13, Commercial Tax, Allahabad dated 23.6.2008 raising a demand of interest of Rs.28,48,103/- is set aside. This judgment, however, will be subject to the decision of the Supreme Court in Special Leave to Appeal (Civil) No (s). 4257/2011. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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