Tax payable, means tax payable under this Act on sales or purchase effected by a dealer or casual dealer but does not include tax due as defined in clause (46). [West Bengal Value Added Tax Act, 2003, s. 2(49)]
Means the full amount of tax which becomes due when assessed on the basis of the information regarding turnover and taxable turnover furnished or shown in the return, J.K. Synthetices Ltd. v. Commercial Taxes Officer, AIR 1994 SC 2393. (See also Rajasthan Sales Tax Act, 1954, s. 1113)
The tax payable is the amount for which a demand notice is issued under s. 156. In determining the tax payable, the tax already paid has to be deducted. Hence, there can be no doubt that the expression 'the amount of the tax, if any, payable by him' referred to in the first part of s. 271(1)(a)(i), refers to the tax payable under a demand notice. Considering the words 'the tax' found in the latter part of that provision. It may be noted that the expression used is not 'tax' but the 'the tax'. The definite article 'the' must have reference to something said earlier. It can only refer to the tax, if any, payable by the assessee mentioned in the first part of s. 271(1)(a)(i), Commissioner of Income Tax v. Vegetables Products Ltd., AIR 1973 SC 927 (929): (1973) 1 SCC 442: (1973) 3 SCR 448.
View Judgments Citing this Phrase View Acts Citing this Phrase