“Under section 24(1) if the tax has been assessed or has become payable under the Act, then the payment has to be made within the said time as may be specified in the notice of assessment and tax under section 13(2) has to be paid without any notice of demand. However, as seen above, the tax under section 13(2), in the absence of any determination by the assessing authority, is tax as per the returns. If default is made in payment of such tax then interest becomes payable under the Act. In the present case, it is an admitted position that tax as per the monthly return had been filed. Interest becomes payable under section 24(3) on an amount remaining unpaid after the date specified for its payment under subsection (1) of section 24. As seen above subsection (1) of section 24 deals with an assessed tax or tax which has become payable under the Act. In cases covered by section 13(2) tax must be paid without any notice of demand. But as stated above under section 13(2) tax is to be paid “on the basis of such returns”. Tax as per the returns has admittedly been paid. If the returns were incomplete or incorrect as now claimed the assessing authority had to determine the tax payable and issue a notice of demand. In the absence of any assessment, even provisional, and a notice of demand no interest would be payable under section 24(3).In this case, it is an admitted position that as soon as the revised return was filed the appellants paid the tax as per the revised return. Therefore, they paid the tax even before the final assessment took place.
