Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2009 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (10) TMI 866 - HC - VAT and Sales TaxInterest under section 24(3) of the Tamil Nadu General Sales Tax Act, 1959 demanded for assessment years 1992-93, 1993-94, 1994-95, 1995-96 and 1996-97 Held that:- Suppose a dealer was assessed to tax in the first instance and he also makes payment of the tax so assessed. But later on, if the tax assessed is found to be in excess, the refund of the excess amount is to be made within 90 days, failing which the Government is also liable to pay interest to the dealer, by virtue of section 24(4). Though the interest payable by the dealer under section 24(3) is higher than the interest payable by the Government under section 24(4), the choice is with the dealer, either to make full payment and claim refund under section 24(4) or to make part payment and run the risk of being imposed with a penal interest under section 24(3). W.P. dismissed.
|