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State of Gujarat Versus ONGC Limited

2016 (11) TMI 610 - GUJARAT HIGH COURT

Interest on additional refund granted - the first appellate authority had computed total amount payable to ONGC at ₹ 1,66,38,658/- in place of ₹ 1,20,90,342/- calculated by the Assessing Officer payable to ONGC by way of refund. Thus, under this appellate order, the ONGC would receive an additional sum of ₹ 45,48,316/- Held that: - the assessee would receive interest on enhanced refund as per the appellate order. Prima facie, it is not suggested that the assessee would be entit .....

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i, JJ. Mr Pranav Trivedi, AGP for the Appellant M/S Trivedi & Gupta, Advocate for the Opponent ORDER ( Per : Honourable Mr. Justice Akil Kureshi ) 1. The State has filed this appeal against the judgment of the Gujarat Value Added Tax Tribunal, Ahmedabad (for short the Tribunal ) dated 12.4.2016 raising following questions for our consideration : (1) Whether the Hon ble Tribunal has erred in law and in facts in allowing interest on refund granted to the respondent as a result of appellate ord .....

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this appellate order, the ONGC would receive an additional sum of ₹ 45,48,316/-. 4. In further appeal by the ONGC, the Tribunal did not disturb this computation but, held and observed that the additional refund which became payable to the assessee by virtue of appellate order, would also carry interest. Relevant portion of the Tribunal s order reads as under : 10. So far as the second issue regarding interest on refund is concerned, the position is now well settled. This Tribunal has passe .....

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t as a result of not only the assessment order but as a result of the appellate order. The assessing officer is therefore directed to recalculate the interest accordingly. 11. We therefore pass following order. This appeal is partly allowed subject to the liberty reserved to the appellant with regard to appellant s claim of setoff. The claim of setoff made by the appellant in the present second appeal is disallowed. The appellant is entitled to interest on refund granted to the appellant, not on .....

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