TMI Blog2019 (5) TMI 1043X X X X Extracts X X X X X X X X Extracts X X X X ..... be allowed - Accordingly, as far as the refund by the Revenue in the sum of ₹ 2 lacs of the Petitioner is concerned, it is directed that it shall be done forthwith, and in any event, not later than 31st May, 2019. Interest on refund - HELD THAT:- It is directed that simple interest will be paid by the Respondents on the aforementioned sum of ₹ 2 lacs for the period from 15th Februar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arch, 2011-12. 2. The Petitioner is registered under the DVAT Act as well as under the Central Sales Tax Act ( CST Act ). The Petitioner was assessed for the above tax period of March, 2010-11 and a demand of ₹ 17, 82,037/- (tax and interest) and ₹ 22, 96,615/- (penalty) was raised by the order dated 29th March, 2015. For March, 2011-12, a demand of ₹ 14, 43,042/- (tax p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the DVAT Act on 8th November, 2017 and 4th May, 2018, calling for documents. The Petitioner states that its authorized representative ( AR ) appeared before the VATO on several dates with all the requisite documents. Neither was assessment initiated nor any order passed by the VATO. 6. On 4th July, 2018, the limitation of one year, from the date of the order of the OHA, for passing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. Accordingly, as far as the refund by the Revenue in the sum of ₹ 2 lacs of the Petitioner is concerned, it is directed that it shall be done forthwith, and in any event, not later than 31st May, 2019. 10. On the question of the interest that is payable to the Petitioner on the aforementioned sum of ₹ 2 lacs, learned counsel for the Petitioner relied upon the judgment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view of the matter, it is directed that simple interest will be paid by the Respondents on the aforementioned sum of ₹ 2 lacs for the period from 15th February, 2019, till the date of actual refund @ 6% per annum. As regards the interest for the period 4th July, 2018 till 15th February, 2019, it will await the decision of the Supreme Court in SLP (Civil) No.31522/2018 (The Commissioner of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
