TMI Blog2012 (11) TMI 1046X X X X Extracts X X X X X X X X Extracts X X X X ..... along with interest thereon to the petitioner. 2. The case pleaded by the petitioner is that it is a private limited company and engaged in the business of contractor and dealer registered under the Haryana Value Added Tax Act, 2003 (hereinafter referred to as the Act ) and also under the Central Sales Tax Act, 1956. The petitioner is having TIN No. 06931931344 and is registered at Gurgaon in Haryana where it has its head office. The return for the assessment year 2007-08 had been filed and the case of the petitioner was taken up for scrutiny and assessment was finalised on March 16, 2011 and it was found that the petitioner was entitled for refund of ₹ 43,88,385. The refund was due to excess deduction of tax at source. Since no refund was received along with the assessment order, the petitioner filed application dated July 27, 2011 requesting for issuance of refund voucher. The application for refund was received by the respondent on August 9, 2011. However, the order of assessment was rectified and the refund amount was reduced to ₹ 43,84,385 vide order dated September 2, 2011. The refund voucher was not issued to the petitioner in spite being quantified as early ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erest at one per cent per month on the amount of refund. The case was thereafter argued on October 31, 2012 and record of the revisional proceedings was called for on November 19, 2012. 5. The only issue that survives for adjudication relates to the entitlement of the petitioner to the interest on delayed payment of refund to the petitioner. 6. To effectively decide the said issue, reference has to be made to the provisions which govern the grant of refunds. Section 20 of the Act reads as under: 20. Refund.-(1) If any person has charged any amount purported to be tax in excess of the tax leviable, no order allowing refund of the excess amount shall be passed in his favour by any authority under this Act or by any court unless he refunds such amount to those from whom it was charged, and where charged from a VAT dealer, the input tax shall be duly adjusted. (2) No refund of input tax shall be admissible to a VAT dealer except,- (a) in respect of input tax relating to the goods which have been sold in the course of export of goods out of the territory of India or have been used in manufacture and the manufactured goods have been sold in the course of export of goods o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of one per cent per month for the period from the date of payment to the date when refund is given to him. (9) Any amount, not falling within sub-section (8), refunded after a period of sixty days from the date of making an application under sub-section (5) shall carry with it simple interest at the rate of one per cent per month for the period from the date of making the application to the date when the refund is made. (10) Any amount due to a dealer under sub-section (4) but not refunded to him within sixty days from the date of passing the order allowing the refund, shall carry with it simple interest at the rate of one per cent per month for the period from the date of passing the order allowing the refund to the date when the refund is made. (11) Where any question arises as to any period to be excluded for the purposes of calculation of interest payable under sub-section (9) or sub-section (10) because the delay for the period in question has been due to the fault of the assessee entitled to the refund, such question shall, after giving the assessee a reasonable opportunity of being heard, be determined by the Commissioner by an order in writing. 7. Rule 41(4) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge of the district Five lakh rupees 4 Excise and Taxation Officer or Assistant Excise and Taxation Officer Fifty thousand rupees The lower authority/authorities shall submit the record of the case along with his/their recommendation(s) to the competent authority at the appropriate level at least thirty days before the time prescribed for issuing refund without interest lapses and the competent authority shall intimate its decision to the lower authority/authorities well in time. It may, by order in writing, increase or decrease the amount of refund or may order that no refund is due but no adverse order shall be passed without giving the affected person a reasonable opportunity of being hear. 9. A perusal of section 20(9) of the Act shows that the amount refunded after 60 days from the date of making application under sub-section (5) shall carry simple interest at one per cent per month for the period from the date of making the application to the date when refund is made. Section 20(10) further provides that the amount due to the dealer under section 20(4) but not refunded within 60 days from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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