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2015 (2) TMI 926 - HC - VAT and Sales TaxDenial of balance 10% refund claim - 90% of provisional refund already granted - Petitioner did not apply for balance disbursement - Bar of limitation - Held that:- As such, when the refund to the extent of 90% was already made as a provisional refund and 10% was to be refunded at the later stage, there is no question of expiry of the period of the assessment as sought to be canvassed. In normal circumstances, as per section 38 of the Gujarat Value Added Tax Act, the refund is required to be made with interest at the rate of 6% p.a. However, Mr. Kaji, learned counsel appearing for the petitioner under the instruction of his client declared before the Court that if the petitioner is permitted to adjust the amount payable by way of refund of ₹ 1,04,118/towards future tax liability, his client would not claim for interest and the same would satisfy his client. - in view of the declaration made by the petitioner himself, the matter can be put to rest, but suffice it to observe that once the refund in part is made, the refund for the balance amount is required to be made and there is no question of applying limitation as sought to be canvassed on behalf of the respondent. Interest not awarded in view of declaration made by the petitioner - Decided in favour of assessee.
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