Supreme Court of India
Commissioner of Trade Tax, Lucknow v. M/s. Kanhai Ram Thekedar
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that the demand is not within a reasonable period B and the assessee is not liable to pay the interest as demanded.
Judgment, page 10
From the headnote
U.P. Sales Tax Act, 1948 (now U.P. Trade Tax Act, 1948)-Sections 8(1), 8(1- ) and 8(2) : Demand for interest on tax-Not made in assessment order imposing tax liability-Made by a separate order after four years, though three years is the limitation period for rectification of assessment order-Validity of-Held: Assessee not liable to pay interest in view of inordinate delay in raising the demand-Department however entitled to recover the interest from the Assessing Officer concerned for not taking steps for four years. Demand for interest on tax-ls automatic and arises by operation of
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