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2014 (11) TMI 923 - HC - VAT and Sales TaxInterest on refund - state is contesting payment of interest at 12 per cent per annum to the assessees on the amounts refunded - refund was issued in compliance of order of the Supreme Court in Shri Krishna Enterprises' case [1988 (3) TMI 407 - SUPREME COURT OF INDIA] - Held that:- grant of interest on refund of tax by the Appellate Deputy Commissioners was valid in view of section 33B read with section 33F of the Act, but such interest should have been granted only from the date immediately following the expiry of the period of six months from the date of order of Appellate Deputy Commissioners granting refund to the date on which the refund is granted as mandated in section 33F. The principles of res judicata or estoppel do not apply in these cases and the mere fact that the assessees have not claimed interest either originally or subsequently in appellate proceedings would not preclude them from claiming it as section 33F gives them a right to get interest on the refund. - Decided partly against the revenue.
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