9911796707
TMI Blog2019 (6) TMI 751X X X X Extracts X X X X X X X X Extracts X X X X ..... lay in making payment of its tax. In this circumstances, provisions of Section 30(2) of the Act ispo facto, becomes applicable and the Appellant is liable to pay interest. No provision in the statute has been shown to us which permits waiver of interest on account of misunderstanding of the position in law on the part of an Assessee. The question as proposed does not give rise to any substantia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est under Section 30(2) of the said Act and directing its payment on account of delayed payment of tax? 3. The Appellant is engaged in the business of construction of buildings having flats. The only grievance of the Appellant in this appeal to the impugned order dated 27th August, 2018 is to the extent it upholds the charging of interest under Section 30(2) of the said Act on account o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... works contract only from the stage the developer enters into contract with the flat purchaser. Thus, value addition made only after the agreement with flat purchaser can be subject to tax. In terms of the above, Rule 58 (1A) of MVAT Rules, was read down. It is in the aforesaid circumstances, it is submitted on behalf of the Appellant that, interest under Section 30(2) of the said Act on the delaye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances, provisions of Section 30(2) of the Act ispo facto, becomes applicable and the Appellant is liable to pay interest. No provision in the statute has been shown to us which permits waiver of interest on account of misunderstanding of the position in law on the part of an Assessee. It needs no mention that a decision of a Court does not make the law, it only clarifies or states what the l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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