2015 (2) TMI 926

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r. Justice Jayant Patel) 1. Rule. Mr. Dave, learned AGP waives notice of Rule. 2. With the consent of the learned advocates appearing for both the sides, the matter is finally heard. 3. The short facts appears to be that in respect of the assessment year of 2007-2008, provisional refund to the extent of 90% of the amount of Rs. 9,37,141/- was made on 15.10.2008. The balance of the unpaid refund .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he extent of 90% was already made as a provisional refund and 10% was to be refunded at the later stage, there is no question of expiry of the period of the assessment as sought to be canvassed. In normal circumstances, as per section 38 of the Gujarat Value Added Tax Act, the refund is required to be made with interest at the rate of 6% p.a. However, Mr. Kaji, learned counsel appearing for the pe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t suffice it to observe that once the refund in part is made, the refund for the balance amount is required to be made and there is no question of applying limitation as sought to be canvassed on behalf of the respondent. 8. In view of the above, the respondent is directed to refund the amount of Rs. 1,04,118/- by way of adjustment towards future tax liability as and when the assessment for the p .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X