2000 (8) TMI 1082 - HC - VAT and Sales Tax

Summary

Issues:
Petition for issuance of a writ of mandamus to pay interest on refunded amount under Punjab General Sales Tax Act, 1948.

Analysis:
1. The petitioner sought a writ of mandamus for interest payment on Rs. 2,43,000 refunded after Sales Tax Tribunal's order. The penalty was imposed for transporting goods without necessary documents, later annulled by the Tribunal.

2. The petitioner applied for refund in July 1998, facing delays in processing. After encashing the refund voucher, they requested interest under section 12(3) of the Act, citing delays till June 1999 when the refund was issued.

3. The petitioner relied on legal precedents to support their claim for interest payment, arguing that the delay in refund was not deliberate. The respondents contested, claiming the annulled penalty order wasn't by the Assessing Authority.

4. The respondents argued against interest payment, stating the delay wasn't intentional. The Court examined section 12(1) to (4) of the Act, emphasizing the Assessing Authority's obligation to refund and the provision for interest in case of delays.

5. The Court considered submissions, noting the mandatory refund provisions and the entitlement to interest if refunds are delayed. The argument that the Excise and Taxation Officer wasn't the Assessing Authority was dismissed.

6. The Court ruled that the delay in refunding the penalty amount entitled the petitioner to interest under section 12(3) of the Act. The delay of over two years in refunding without lawful authority warranted compensation through interest.

7. Consequently, the Court allowed the writ petition, directing the respondents to pay interest to the petitioner as per section 12(3) of the Act. The interest was to be paid for the period between the application date and the actual payment date, to be settled within one month of the order.