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april 2005

Supreme Court of India · 2005-04-29

COMNR. OF TRADE TAX, U.P. vs M/S. KANHAI RAM THEKEDAR

Citation / case number
SC 2000/4056
Court
Supreme Court of India
Petitioner
COMNR. OF TRADE TAX, U.P.
Respondent
M/S. KANHAI RAM THEKEDAR
Author
AR. Lakshmanan
Bench
DR. AR. LAKSHMANAN S.N. VARIAVA

Judgment text excerpt

The Supreme Court held that a notice of demand is necessary before imposing interest on delayed tax payments under the U.P. Trade Tax Act. The Court affirmed the High Court's decision to quash the interest demand due to the absence of such notice, establishing that the imposition of interest requires procedural compliance. The appeal by the Commissioner of Trade Tax was dismissed, upholding the High Court's ruling.

COMNR. OF TRADE TAX, U.P. vs M/S. KANHAI RAM THEKEDAR · Niyam