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1984 Supreme(SC) 37

P.N.BHAGWATI, D.P.MADAN
Khazan Chand: Vidyawanti Devi Jain – Appellant
Versus
State Of J & K – Respondent


Advocates:
Altaf Ahmed, ANIL DEV SINGH, K.K.VENUGOPAL, L.K.GUPTA, R.C.KAUSHIK, S.P.SHARMA, SATISHVIG, SUBHASH SHARMA, VIMAL DAVE

JUDGMENT

MADON, J. :— This group of Writ Petitions and Appeals by Special Leave challenges the constitutional validity of sub-secs. (1), (2) and (3) of Sec. 8 of the Jammu and Kashmir General Sales Tax Act, 1962 (J & K Act XX of 1962) and seeks to quash the orders directing the Petitioners and Appellants before us (thereinafter for the sake of brevity referred to as "the Assessees") to pay interest on the amount of tax due according to the quarterly returns filed by them but not paid within the prescribed time.

2. All the Assessees are registered as dealers under the Jammu and Kashmir General Sales Tax Act, 1962 (hereinafter referred to as "The Act"). Sub-sec. (1) of Sec. 7 of the Act requires every dealer liable to pay tax under the Act to furnish in the prescribed form a return of his turnover for a year within 120 days from the expiry of that year. Sub-section (2) of Sec. 7 provides as follows :-

"Without prejudice to the provisions of sub-sec. (1), every dealer shall also furnish in the prescribed form quarterly returns for each quarter of the year within thirty days from the expiry of that quarter. Every such return shall be accompanied by a Treasury Receipt or any other proof o




























































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