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2019 (10) TMI 951 - HC - VAT and Sales TaxRelevant date for calculation of interest - date from which, the simple interest at the rate of 8% per annum, in terms of Section 33(2) of the Goa Value Added Tax Act, 2005 (the said Act ) becomes payable, on the amount refundable under the provisions of the said Act - HELD THAT:- Section 33(2) is a special provision which deals with “payment of interest on the amount refundable”. Rule 30 of the said Rules, deals with the aspect of “refunds” and the necessity of obtaining sanction where the amount of refund exceeds ₹ 50,000/-. Even if, as the revenue contends, that there is some marginal overlap, the clear and unambiguous provision in section 33(2) of the said Act cannot be made to yield to the provisions in Rule 30 of the said Rules, when it comes to payment of interest upon the refund amount, as sanctioned in terms of Rule 30 of the said Rules - In the present case, fortunately there is no need to give any strained meaning to the provisions in Rule 30 so as to make it conform to the provisions in section 33(2) of the said Act. The provisions in Rule 30 of the said Rules as they stand do not detract anything from section 33(2) of the said Act. In fact, both Rule 30 of the said Rules and section 33(2) of the said Act, operate in their respective fields. It is reasonable to proceed on the basis that 90 days time limit provided in section 33(2) of the said Act is the time limit within which the appropriate assessing authorities must obtain sanction in terms of Rule 30 of the said Rules. However, if for any reason such sanction is not obtained within the period of 90 days from the date of order of refund made under Section 29 of the said Act or within a period of 90 days from the date of receipt of application for refund under section 10(3) of the said Act, the appropriate assessing authority cannot avoid liability or payment of simple interest at the rate of 8% per annum on specious plea that such liability commences only from the date of expiry of 90 days from the date of sanction order under Rule 30 of the said Rules. In the present case, the Petitioner seeks interest only on the amount which has already been sanctioned by the Authorities under Rule 30 of the said Rules. Therefore, upon obtaining necessary sanction under Rule 30 of the said Rules beyond the period of 90 days from the date of the order of refund, or from the date of application for refund under Section 10(3) of the said Act, the Authorities cannot avoid payment of interest upon expiry of this period, on the specious plea that actual refund cannot be made without sanction under Rule 30 of the said Rules. The Respondents will have to pay simple interest at the rate of 8% per annum, upon the amount of ₹ 52,36,030.69 towards Interstate/Local Sales for the period between 29.6.2011, i.e. expiry of 90 days from the date of assessment order dated 29.3.2011, till 20.2.2016 i.e. the date of actual refund. Similarly, Respondents will have to pay simple interest at the rate of 8% per annum on the amount of ₹ 28,83,213.31, towards refund of Input Tax Credit/Export Sales with effect from 24.4.2009 and 18.7.2008, on proportionate basis since this is the date which corresponds to the expiry of 90 days from the date of receipt of applications dated 24.1.2008 and 18.4.2008 in terms of Section 10(3) of the said Act. Petition disposed off.
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