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november 1976

Supreme Court of India · 1976-11-19

SALES TAX OFFICER, SECTOR I KANPUR & ANR. vs M/S. DWARIKA PRASAD SHEO KARAN DASS

Citation / case number
SC 1971/60152
Court
Supreme Court of India
Petitioner
SALES TAX OFFICER, SECTOR I KANPUR & ANR.
Respondent
M/S. DWARIKA PRASAD SHEO KARAN DASS
Author
HANS RAJ KHANNA
Bench
HANS RAJ KHANNA

Judgment text excerpt

The Supreme Court held that under Section 8(1A) of the U.P. Sales Tax Act, 1948, the liability to pay interest on the tax amount due is automatic and arises by operation of law, negating the need for a fresh notice of demand after a reduction in tax by appeal or revision. The Court found that the High Court's judgment, which quashed recovery proceedings on the basis that a fresh notice was required, was erroneous. Consequently, the appeal was allowed, and the High Court's order was set aside.

SALES TAX OFFICER, SECTOR I KANPUR & ANR. vs M/S. DWARIKA PRASAD SHEO KARAN DASS · Niyam