SRI KRISHNA SMELTERS LTD Vs. JOINT COMMISSIONER (CT)

JUDGEMENT

(1.) Heard Mr.R.Senniappan, learned counsel for the petitioner and Mr.K.Venkatesh, learned Government Advocate appearing for the respondents. With the consent on either side, these writ petitions are taken up for final disposal.

(2.) The petitioner, a registered dealer on the file of the second respondent under the provisions of the Central Sales Tax Act, 1956 (in short "CST Act") and the Tamil Nadu General Sales Tax Act, 1959 (in short "TNGST Act") is before this Court challenging the notices issued by the first respondent dated 31.03.2017, directing the petitioner to pay penal interest for having defaulted in payment of deferral amount granted under the Interest Free Sales Tax Loan ( in short "IFST") deferral agreement.

(3.) The only question, which falls for consideration in these writ petitions is whether the first respondent was justified in demanding interest from the due date for re-payment of the loan or the petitioner is liable to pay interest only from the date of the returns. The petitioner's case rests upon the judgment of the Hon'ble Division Bench of this Court in the case of Amutha Mills Private Limited vs. Assistant Commissioner (CT), Coimbatore and two others in Writ Appeal No.1482 of 2006 dated 06.12.2006.