Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2010 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (11) TMI 874 - HC - VAT and Sales TaxWhether there is a transfer of property in the refrigerated vehicles of the petitioner to another concern, as defined in article 366(29A)(d)) of the Constitution of India and section 5E(a) of the Act? Held that:- The argument that the delayed refund would attract interest at 12 per cent per annum is no answer if one appreciates the fact that no businessman or merchant would like the money to be locked up just for the sake of 12 per cent return on the refund, which might come long after the requirement for money is over. Keeping this in view, we direct the Government to pass appropriate orders in all pending refund matters within a period of six weeks. In the result, for the above reasons, the writ petition is allowed as prayed for. The respondents shall consider refunding the amount of ₹ 2,87,14,114 (rupees two crores eighty seven lakhs fourteen thousand one hundred and fourteen only) within a period of four weeks from the date of receipt of a copy of this order
|