Case Law Details
The first respondent seeks to invoke Section 24 (3) of the Tamil Nadu General Sales Tax Act, 1959 to levy penal interest. This question came up for consideration before this Court, in the case of S.Gurunathan Vs. Deputy Commercial Tax Officer, Thirupathur, and another, reported in [(2015) 77 VST 45 (Madras)]. The only difference being in the said enactment, which was the subject matter was, Tamil Nadu Additional Sales Tax Act, 1970. However, the legal issue was, whether levy of interest on belated payment of additional tax is proper or not, when there was no provision, enabling applicability of Section 24 (3) of the Tamil Nadu General Sales Tax Act, 1959. This question was answered in favor of the assessee and against the Revenue, holding that, unless, there is a charging Section for levy of interest, cannot be automatic.
FULL TEXT OF THE HIGH COURT JUDGMENT / ORDER IS AS FOLLOWS:-
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