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2012 (2) TMI 294 - BOMBAY HIGH COURTMaharashtra VAT Act 2002 - Refund pending of VAT / tax paid on the inputs/purchases for the period january 11 to March 11 – assessee being manufacturer and seller of consumer durables - entitled to the benefit of the Package Scheme of Incentives, 1993 framed by the State Government – entitled to claim refund for the period 1 March 1998 to 31 March 2012 under eligibility certificate issued to it - bank guarantees furnished in August 11 for facilitating the grant of a refund - Held that:- Petitioner falls within Section 51(3)(a)(3) relating to holders of a certificate of entitlement under any Package Scheme of Incentives. In view of provisions of Section 51, department is not justified in keeping the refund application pending inordinately without explanation. The refund, if any, that is found due and payable to the Petitioner in accordance with law shall, subject to the due satisfaction of the competent authority in regard to the entitlement of the Petitioner and the validity of the bank guarantee furnished, be granted expeditiously and preferably within a period of one month from date of order - Decided in favor of petitioner.
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