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2019 (7) TMI 1993 - HC - VAT and Sales TaxCalculation of interest on refund claim - relevant date - HELD THAT:- The Respondent has no explanation to offer for the failure by the DT&T to comply with the legal requirements as mandated by this Court. In IIJM CORPORATION BERHAD, M.V. OMNI PROJECTS (INDIA) LTD., DAIMLER FINANCIAL SERVICES (P) LTD., & FEMC- PRATIBHA JOINT VENTURE VERSUS COMMISSIONER OF TRADE & TAXES [2017 (11) TMI 1298 - DELHI HIGH COURT] this Court held The assessee would be liable to pay tax under· sub-section (4) to section 3 if net tax is payable. In case of refund, obviously the assessee is not liable to pay tax. Obligation of the assessee to pay tax and date when tax is payable, and the duty and date on which refund is payable by the Revenue need not coincide and could be different as per the statute. With the law being clear, there can be no possible excuse for the Respondent not paying interest to the Petitioner on the refund amount from 21st July, 2015. The differential interest will now be credited to the account of the Petitioner on or before 31st August, 2019 failing which the Respondent will additionally pay compensation of Rs. 50,000/- to the Petitioner within two weeks thereafter. Petition disposed off.
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