Prakash Krishna, J. - (1.) These two revisions are founded on the common order of the Tribunal dated December 20, 1991 passed in two connected Second Appeals Nos. 329 of 1990 (1979-80) and 330 of 1990 (1980-81).
(2.) The applicant is a registered partnership firm and these two revisions relate to the assessment years 1979-80 (U.P.) and 1980-81 (U.P.). The question involved in these revisions is about the imposition of interest under Section 8(1) of the U.P. Trade Tax Act, 1948.
(3.) The applicant for the assessment year 1978-79 deposited the tax on the turnover of khandsari. The said commodity was taxable at the rate of two per cent. Due to the mistake in the fourth quarter of the assessment year 1978-79 the applicant deposited the tax at the rate of four per cent amounting to Rs. 20,396.45. The rate of tax being two per cent, it deposited Rs. 10,198.22 in excess of the amount due under the Sales Tax Act. The mistake was detected by the applicant subsequently and it adjusted the part of the excess amount itself deposited in the third quarter of 1979-80 and the remaining excess amount in the assessment year 1980-81. Applications for adjustment were filed on April 29, 1980 for adjustment of the excess amount against the assessment year 1979-80 and on July 31, 1980 for the adjustment of the remaining excess amount in the assessment year 1980-81. These applications could not be disposed of and the matter was referred to Assistant Commissioner (E) for approval being the amount of refund was in excess to the limit of Rs. 10,000.;