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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. [2 .....

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n refund of the tax amount already paid by the citizen, whether the interest can be considered by way of a compensatory measure? Facts & Background: In the instant case, Indian Petro Chemicals Ltd. ( the Assessee or the Respondent ) was allowed r .....

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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 in .....

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account of the principles of doctrine of merger and reasonable construction of the provisions of Section 41 of the Gujarat Sales Tax Act held that when the interest on refund of tax upon the Assessment is available, such interest should be made avai .....

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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 mer .....

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ed in the system of administration of justice. Further, the Hon ble High Court relying upon the following judgment of the Apex court: Sandvik Asia Ltd. Vs. Commissioner of Income Tax and others reported in [2006 (1) TMI 55 - SUPREME Court] Commission .....

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ich is already paid by the Assessee. Thus, by considering interest by way of a compensatory measure, the Hon ble High Court rejected the argument of the Department that interest cannot be awarded by way of compensation unless the interest was express .....

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) A2Z TAXCORP LLP Tax and Law Practitioners Delhi: Flat No. 34B, Ground Floor, Pocket - 1, Mayur Vihar Phase-1 Delhi - 110091 (India) Tel: +91 11 22757595/ 42427056 Chandigarh: H. No. 908, Sector 12-A, Panchkula, Haryana - 134115 Kolkata: Ist Floor, .....

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