TMI Blog2013 (2) TMI 641X X X X Extracts X X X X X X X X Extracts X X X X ..... was delivered by MS. RITU BAHRI J.- This appeal under section 9(2) of the Central Sales Tax Act, 1956 read with section 36(1) of the Haryana Value Added Tax Act, 2003, is against the order dated March 17, 2010 (annexure P5) passed by the Haryana Tax Tribunal. The present appeal is being filed on the following question of law: Whether the learned Tribunal was justified in upholding the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the company's account. This amount of ₹ 7,93,769 was paid by Department of Industries to the Excise and Taxation Department. This amount was refunded by the Excise and Taxation Department, to the Department of Industries on March 31, 2006. The petitioner-company immediately deposited the said amount on April 10, 2006 in the Government treasury. While making the assessment vide asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt order for the year 2003-04 on February 19, 2007, this amount should have been set off against amount of tax of ₹ 17,42,025 first and thereafter interest should have been calculated. The appellant cannot be made liable to pay interest for the interestfree loan of ₹ 7,93,769 which was retained by the Excise and Taxation Department till March 31, 2006. This amount could be adjusted in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1, 2006. This amount was deposited by the appellant on April 10, 2006. This amount has to be adjusted towards the final tax due for the assessment year 2003-04. The Assessing Authority shall have to recalculate the payment of interest after adjusting the amount of ₹ 7,93,769 which was paid back by the Industries Department to the appellant on March 31, 2006 after receiving it back from the D ..... X X X X Extracts X X X X X X X X Extracts X X X X
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