Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Shreejikrupa Spinners Pvt. Ltd. Versus Union of India

2016 (10) TMI 575 - GUJARAT HIGH COURT

Refund of amount alongwith interest - demand raised earlier towards which the amount already deposited is set aside - amount directed to be refunded to the petitioner - Insofar as the demand for interest at the rate of 18% per annum of such amount is concerned, this court while passing the order dated 6th December, 2013 had not specified that the petitioner would be entitled to refund of the amount with interest if it succeeded in the petition. The amount deposited by the petitioner is pursuant .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e, though the petitioner has claimed interest at the rate of 18%, the same is not backed by any statutory provision and hence, the relief prayed in the application to that extent cannot be granted. - Application succeeds - petitioner entitled to get the refund only of amount deposited earlier, and no interest granted - in case such amount is not paid to the petitioner within a period of three months, the opponents shall be liable to pay interest at the rate of 18% to the applicant for the su .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ited by it on 26th August, 2014 with the Assistant Commissioner, Central Excise and Customs, Ankleshwar pursuant to the order dated 6th December, 2013 passed by this court in Special Civil Application No.3041/2013 alongwith interest at the rate of 18% per annum forthwith. 2. Heard Mr. B.T. Rao, learned advocate for the applicant and Mr. Devang Vyas, learned advocate for the opponent No.1. 3. The record reveals that on 6th December, 2013, this court, while issuing rule on the petition, had passed .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rights and contentions in the petition and to show his bonafides, petitioner shall deposit 30% of the amount due and payable with the Department within a period of two weeks from today and shall file undertaking that till the petition is heard, the petitioner shall not transfer the property in question in any manner whatsoever and an undertaking to that effect shall also be filed within a period of two weeks from today with a copy to learned counsel appearing on behalf of the respondents. Under .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

id deposit of 30% of the amount due and payable shall be without prejudice to the rights and contentions of the respective parties in the main petition. Direct Service is permitted. 4. On a plain reading of the above order, it is evident that the amount deposited in terms of the said order was without prejudice to the rights and contentions of the parties. Special Civil Application No.3041/2013 has been decided by this court by a judgment and order dated 26th September, 2014 whereby the court ha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version