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TMI Blog2015 (10) TMI 359X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts and under the circumstances of the case and the true and correct interpretation of the section 47(4A)(b) of the Sales Tax Act, the Tribunal was justified in confirming the levy of interest. (B) Whether on the facts and under the circumstances of the case, the Tribunal was justified in not considering the heavy amount of refund, due for the previous period, available for adjustment against the dues for the succeeding year, leading to no case for levying interest as confirmed by the Tribunal. (C) Whether on a true and correct interpretation of section 52 of the Sales Tax Act, the Tribunal was justified in not appreciating that the adjustment of the refund against the tax in respect of other period was an option statutorily availa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 months on the amount of tax dues. The appellant had raised a contention with regard to levy of interest and penalty; however, the same came to be rejected. Being aggrieved, the appellant carried the matter in appeal before the Tribunal. By the impugned order, the Tribunal has partly allowed the appeal by holding that the appellant is liable to pay interest under section 47(4A)(b) of the Gujarat Sales Tax Act, 1969 (hereinafter referred to as "the Act"), however, the penalty levied under section 45(6) of the said Act came to be deleted. 3. Mr. P.C. Joshi, learned advocate for the appellant assailed the impugned order by inviting the attention of the court to the provisions of section 52 of the Act, which provide for refund of excess payme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 363 ITR 658 (SC), for the proposition that the refund becomes due when tax deducted at source, advance tax paid, self-assessment tax paid and tax paid on regular assessment exceeds tax chargeable for the year as a result of an order passed in appeal or other proceedings under the Act. When refund is of any advance tax (including tax deducted/collected at source), interest is payable for the period starting from the first day of the assessment year to the date of grant of refund. The learned counsel also placed on record a statement indicating the correct manner of computing the tax dues as per appeal order, to point out that if the tax dues are computed in terms thereof, no case for levy of interest would arise. It was submitted that the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant on his own to adjust the anticipated refund against the tax payable for the year 2000- 2001 at the time of filing the return. That the refund for the year 1999-2000 had become due only when the authority (in the present case the first appellate authority) had accepted the submission and granted refund. It was argued that in no case the dealer has a right to decide the refund and adjust the same against any tax liability. The Tribunal after considering the submissions advanced by the learned counsel for the respective parties found that it is an admitted fact that the appellant was granted refund for the year 1999-2000. The said refund was actually quantified when the department accepted the claim that certain transactions were not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant proceeded on a presumption that it was entitled to a refund and accordingly called upon the assessing authority to adjust the refund that may become due and payable in relation to the year 1999- 2000 against the tax dues of the year 2000-2001. For this purpose the appellant placed reliance upon the provisions of section 52 of the Act, which provides that the Commissioner shall refund to a person the amount of tax and penalty (if any) paid by such person in excess of the amount due from him. The refund may be either by cash payment or at the option by a person by deduction of such excess from the amount of tax and penalty due in respect of another period. Thus, by virtue of the provisions of section 52 of the Act, a person is entitled ..... X X X X Extracts X X X X X X X X Extracts X X X X
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