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2015 (11) TMI 158 - HC - VAT and Sales TaxRefund claim - Amensty scheme - settlement of arrears of tax under the KGST Act - Demand of interest - whether the amounts deposited during the pendency of provisional assessment deserve to be refunded, since the appellant-assessee has deposited amounts under the Amnesty Scheme - Held that:- If the appellant-assessee is successful before apex court, he would be entitled for refund of entire amount, i.e., two deposits already made and also the amount paid under the Amnesty Scheme. If the apex court holds against the appellant-assessee, so far as liability to pay tax he had already taken the benefit of the Amnesty Scheme. In the present case, by virtue of section 55C, pre-deposit amounts could be appropriated in terms of sub-section (3). With the dismissal of STR before this court as early as March 31, 2009, provisions of section 55C would be applicable. Therefore, if any interest was payable, that would be first adjusted and then balance amount to be paid has to be calculated. The date of submission of application for settlement of arrears was on June 25, 2009 and the amount to be paid as per Amnesty Scheme was intimated on July 3, 2009. Only on July 4, 2009 SLP was filed challenging the order dated March 31, 2009. Mere filing of SLP would not vest the appellant-assessee with any right and it cannot be considered as continuation of revisional proceedings, which is a settled position. - normal rule that payment has to be first adjusted towards interest and then towards principal as provided under section 55C is applicable. - Decided in favour of Revenue.
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