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2015 (8) TMI 1004 - HC - VAT and Sales TaxInterest on refund of Tax demand – Interest to be granted from date of deposit or from the date of assessment order – Petitioner filed appeal before Appellate Authority claiming interest on refund of tax as demanded, appellate authority merely directed assessing authority to pay interest amount – Petitioner challenged order before Tribunal – Whether petitioner is entitled to interest from dates on which petitioner paid amounts to respondents as condition precedent to maintainability of appeal – Held that:- In view of Section 39(5), petitioner was compelled to pay tax assessed in order to have its appeal entertained – Petitioner had admittedly paid amounts to authorities – Revenue suffers no loss thereby for it has enjoyed benefit of money during period – Petitioner restricted his claim for interest from date of assessment order under which he was entitled to refund –Admittedly Interest was granted on basis of Section 12 of Punjab General Sales Tax Act, 1948 which is not same as HGST Act which is involved in case – Therefore interest is payable from date of deposit – Impugned order modified by directing respondents to pay interest on amounts deposited from dates on which deposits were made till payment – Petition disposed of –Decided in favour of Petitioner.
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