9911796707
TMI Blog2010 (10) TMI 952X X X X Extracts X X X X X X X X Extracts X X X X ..... delay in payment of tax, interest is payable at the rate prescribed in the statute. We notice that by virtue of section 9(2B), section 23(3A) of the KGST Act is made applicable for the purpose of levy and collection of interest for belated payment of Central sales tax. Thus we uphold the order of the Commissioner and dismiss the sales tax appeal - 2 of 2010 - - - Dated:- 11-10-2010 - RAMACHANDRAN NAIR C.N. AND SURENDRA MOHAN K., JJ. The judgment of the court was delivered by C.N. RAMACHANDRAN NAIR J. The question raised is whether the Commissioner of Commercial Taxes was justified in holding that the appellant is liable to pay interest on belated payment of Central sales tax for the assessment year 2000-01. We have heard counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under which interest is demanded is as follows: 9. Levy and collection of tax and penalties. (1) . . . (2B) If the tax payable by any dealer under this Act is not paid in time, the dealer shall be liable to pay interest for delayed payment of such tax and all the provisions for delayed payment of such tax and all the provisions relating to due date for payment of tax, rate of interest for delayed payment of tax and assessment and collection of interest for delayed payment of tax, of the general sales tax law of each State, shall apply in relation to due date for payment of tax, rate of interest for delayed payment of tax, and assessment and collection of interest for delayed payment of tax under this Act in such States as if the tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with out interest. However, section 9(2B) read with section 23(3A) of the KGST Act provides for payment of interest for any delay in payment of tax. Therefore irrespective of circumstances that led to delay in payment of tax, interest is payable at the rate prescribed in the statute. We notice that by virtue of section 9(2B), section 23(3A) of the KGST Act is made applicable for the purpose of levy and collection of interest for belated payment of Central sales tax. We have in the Full Bench judgment considered in detail the scope of section 23(3A) of the KGST Act. Even though counsel for the appellant relied on two decisions of the Supreme Court in Babu Khan v. Nazim Khan [2001] 5 SCC 375 and Bihar School Examination Board v. Suresh Pra ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
