2008 (11) TMI 387 - SUPREME COURT

Whether the petitioner had to pay any tax in excess of the due rates and if so what is the fate of such excess payment?

Held that:- Appeal allowed. As all the facts are admitted and the State had refused to refund the excess amount of tax realized from the appellant, in our opinion, the writ petition was maintainable.

Thus the interest of justice would be served if, instead of the appellant refunding the amount to the first respondent and later claiming refund from the authorities, the State of Kerala is directed to refund the amount of tax collected with interest at the rate of 10 per cent per annum to the first respondent at an early date, and not later than four months from the date of communication of this order. It is ordered accordingly. If, however, the amount is not paid within the aforementioned period, the outstanding amount shall carry interest at 15 per cent per annum.