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Judgment
V.K. Bali, J.—By order dated July 23, 1997, this Court directed the Tribunal for referring the following question of law for adjudication by this Court.
Whether in the facts and circumstances of the case, interest was chargeable u/s 11D of the Punjab General Sales Tax Act, 1948 from the date of filing of the return or from the date of assessment and the creation of demand of tax in pursuance thereof ?.
The matter herein appears to be covered by decision of honourable Supreme Court in Birla Cement Works v. State of Rajasthan [1994] 94 STC 422 (RAJ).
In view of the authoritative pronouncement of the honourable Supreme Court on the question referred to above, the answer of the question has to be in favour of the assessee and against the Revenue. So ordered.