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TMI Blog2018 (1) TMI 1352X X X X Extracts X X X X X X X X Extracts X X X X ..... teps, for recovery of the said amount, only thereafter and not before - demand notice set aside. The petitioner shall pay the sales tax deferment amount due, for the assessment year 2003-04, on or before 31.3.2018, failing which it is open to the respondents to take steps for recovery of the said amount on or after 1.4.2018. - Writ Petition No.1261 of 2018 - - - Dated:- 22-1-2018 - Mr. M. Ga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sales tax, limited to 135% of the fixed capital investment, was extended to the petitioner repayable in a period of fourteen (14) years. Learned counsel would submit that, in terms of the said GO, the petitioner was informed, by letter dated 16.5.2001, that a Revised Final Eligibility Certificate was being issued to him; the Revised Final Eligibility Certificate, issued in terms of GO Ms. No. 108 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other hand Sri J. Anil Kumar, learned Special Standing Counsel for Commercial Taxes, would seek to justify the impugned order on two grounds, firstly, that the petitioner had, itself, paid a part of the amount during the course of the financial year 2017-18, and did not wait till the end of the said year to make payment; and such payment shows that the petitioner also understood their obligations ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayment of the sales tax deferment amount, for a particular year, to be made at the end of the 14th year without interest. The word used therein is end of the year and not end of the month ; and, consequently, sales tax deferment of the year 2003-04 is liable to be repaid only at the end of the financial year 2017-18 ie by 31.3.2013, and not in the middle of the year. The mere fact that the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As the petitioner can file a reply to the show cause notice, informing the Commercial Tax Officer of the order now passed by us, we see no reason to entertain a challenge to the penalty notice at this stage. Needless to state that the order now passed by us shall not disable the petitioner from filing a reply to the show cause notice, issued to them by the Commercial Tax Officer, raising all su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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