9911796707
TMI Blog1989 (10) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... Pradesh General Sales Tax Act, 1957, hereinafter referred to as "the Act" falls for consideration in these writ petitions. The question is "whether the assessee is liable to pay interest at the rate of 2 per cent. only for every completed month or whether he has to pay at the same rate for the whole month even for part of the month's delay in paying tax ?" Section 16(3) reads thus : "16. Payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reof, only denote the rate of interest and make the assessee liable to pay the interest at that rate not only for the completed month, but also for part of it if there is delay in payment of tax of more than a month. In these cases, the impugned notices were issued by the Commercial Tax Officer, Vijayawada, calling upon the petitioner to pay interest at the rate of Rs. 2 for every one hundred ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that we cannot agree with the learned Government Pleader. The words "for every one hundred rupees or part thereof for each month or part thereof" only denote the rate of interest and further clarify that the words "for each month or part thereof" have to be taken into account in levying interest at that rate. It means that the assessee has to pay interest not only for the completed month, but als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay and not for the full month. To the same effect is another judgment of a Division Bench of the Madras High Court in Sakthi Sugars Ltd. v. Assistant Commissioner of Commercial Taxes [1985] 59 STC 52. The relevant portion of section 24(3) of the Tamil Nadu General Sales Tax Act, which is analogous to section 16(3) of the Andhra Pradesh General Sales Tax Act, reads thus (at p. 58): "... One rupee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anded by the impugned notices. Accordingly, in W. P. No. 13665 of 1987, the assessee would be liable to pay interest only for three days in respect of the delay in April, 1986, one day in November, 1986, and two days in December, 1986. In W. P. No. 11524 of 1987, the assessee is liable to pay interest for the delay of one day in April, 1987, and two days in May, 1987. The impugned notices are quas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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