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TMI Blog2017 (3) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... peal against the impugned judgment and order passed by the learned Gujarat Value Added Tax Tribunal, Ahmedabad (hereinafter referred to as "the learned tribunal") in Second Appeal No.596/2013, by which the learned tribunal has held that the dealer is entitled to refund of Rs. 37,79,918/- along with interest at the applicable rate. [2.0] Heard Ms. Maithili Mehta, learned Assistant Government Pleader appearing on behalf of the State. Considering the averments made in the application in support of the prayer to condone the delay, we are of the opinion that the delay of 218 days has not been properly and sufficiently explained. There are vague averments that after receiving the judgement and order from the learned tribunal, opinion of several ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0] From the impugned order passed by the learned tribunal, it appears that the issue is with respect to the interest on the refund of tax payable under the Gujarat Sales Tax Act / Gujarat Value Added Tax Act, which has arisen pursuant to the order passed by the learned tribunal. As per the order passed by the authority, dealer was liable to pay tax at Rs. 37,79,918/-, which came to be set aside by the learned tribunal and the learned tribunal held in favour of the dealer, and therefore, the dealer was entitled to the refund of Rs. 37,79,918/- and earlier after the assessment order dealer paid the entire amount of Rs. 37,79,918/-, which was required to be refunded after a period of nine years. Therefore, the question arose whether the dealer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year to which the said amount relates to the date of order of assessment : PROVIDED that where dealer has paid any amount after the closure of the accounting year and such amount is required to be refunded, no interest shall be payable for the period from the date of closure of such accounting year to the date of payment of such amount : PROVIDED FURTHER that no interest shall be payable on the amount of refund which does not exceed rupees one hundred. Explanation : For the purposes of this clause, the expression "specified year" means - (i) the financial year commencing from the 1st April, 1993; (ii) the calendar year commencing from the 1st January, 1993; (iii) Samvat year 2049 commencing from the Kartak sud akam, or (iv) co-opera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the purposes of calculation of interest under the provisions of this section, such question shall be determined by the Commissioner whose decision shall be final." Section 38 of the Gujarat Value Added Tax,2003: "38. Where refund of any amount of tax becomes due to the dealer by virtue of an order of assessment under section 34, he shall subject to the provision of this section be entitled to receive in addition to the amount of tax, simple interest at the rate of six per cent per annum on the said amount of tax from the date immediately following the date of the closure of the accounting year to which the said amount of tax relates till the date of payment of amount of such refund. Provided that where the dealer has paid any amount of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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