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Interest on refund allowed even if law is silent

Value Added Tax - VAT and CST - By: - Bimal jain - Dated:- 30-6-2015 - Dear Professional Colleague, We are sharing with you an important judgement of the Hon ble High Court of Gujarat in the case of State of Gujarat Vs. Indian Petro Chemicals Ltd. [2015 (6) TMI 541 - Gujarat High Court] on following issues: Issues: Whether the entitlement of interest on refund subject to meeting with the test of constitutional provision? What happen, when the legislature is silent about entitlement of interest o .....

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nterest under Section 54 of the Gujarat Sales Tax Act ( Gujarat Sales Tax Act ) is only for such refund amount which has arisen in the Assessment Order under Section 41 thereof and not at the Appellate stage. Thus, the Assessee was not entitled to interest on such refund amount that has arisen at the Appellate stage. The Hon ble Tribunal relying upon its earlier decision in the case of Saurashtra Chemical Ltd. Vs. State of Gujarat in Second Appeal No.603 of 2007 decided on August 01, 2014 and on .....

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arat held that once an Order is passed by the competent authority for Assessment and the appeal is preferred before the Appellate Authority against such Assessment Order, which is modified by the Appellate Authority, the principles of doctrine of merger would squarely apply. Thus, the interpretation canvassed by the Department for Section 54(1)(aa) of the Gujarat Sales Tax Act, if accepted, would run counter to the basic principles of doctrine of merger which is well accepted doctrine incorporat .....

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