Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2022 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (12) TMI 461 - HC - VAT and Sales TaxGrant of refund - refund at the statutory rate from the date when SOHA had allowed the objections, i.e., 17.07.2018 - HELD THAT:- The interest should be granted to the petitioner on the refunded amount from the date when SOHA passed the order i.e., 17.07.2018, which is also the prayer made by Mr Bhatia on behalf of the petitioner. The reason being that although the rectification order was passed on 07.09.2021 with regard to the typographical error which had crept in the order of the SOHA dated 08.07.2017 concerning the value of the C-Forms, the conclusion remained undisturbed, i.e., the demand continued to be shown as “nil” - there is no dispute that the petitioner had presented, at the relevant point in time, i.e., before the order was passed by the SOHA on 08.07.2017, C-Forms worth Rs. Rs.3,42,20,991/-, as recorded in the order dated 07.09.2021. Interest in this case, is accorded to the assessee based on the principle that it represents the value concerning money that the assessee could not make use of. The money which was due to the petitioner remained with the respondent/revenue, and therefore, the petitioner was entitled to be compensated. The compensation mechanism is provided in the DVAT Act. Besides this, if we were to accept the stand taken by Mr. Vashisht, it would amount to allowing the respondent/revenue to take advantage of the wrong committed by it. It was for the respondent/revenue to have the error corrected. The interest at the statutory rate, i.e., 6% per annum will be paid to the petitioner for the period commencing from 17.07.2017 till the date of payment of the principal amount, which, we are told is 10.09.2021 - petition disposed off.
|