Supreme Court · 1980 INSC 69 · Decided 9 April 1980
Mahalaxmi Sugar Mills CO. LTD. v. Commissioner of Income-Tax, Delhi, New Delhi
- Court
- Supreme Court of India
- Citation
- 1980 INSC 69 · [1980] 3 S.C.R. 421
- Case number
- CIVIL APPEAL No. 2440/1972
- Decided
- 9 April 1980
- Bench
- N.L. UNTWALIA, R.S. PATHAK, E.S. VENKATARAMIAH (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 10(2)(xv), 10(2)(iii)
Headnote
a· " Indian Income Tax Act 1922-Section 10(2) (xv)-Inter""t paid on arrears • of mgarcane cess-Whether penalty-Interest if a permissible deduction. Section 3(2) of the U.P. Sugarcane Cess Act, 1956 provides that the owner of a sugar factory shall pay cess on sugaroone on mch date and at such place as may be prescribed. Sub-section (3) provides that if the cess is not paid by the specified date, interest at six per cent per annum is payable on the arrears from the specified date to the date of payment. Where a person is in default in making the payment of the
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