9911796707
TMI Blog2021 (2) TMI 968X X X X Extracts X X X X X X X X Extracts X X X X ..... stions of fact and law, hence, were heard together and are being disposed of by this common order. 2. The captioned writ applications have been filed by the writ applicant-Company seeking appropriate directions to the respondents to disburse the refund amount for the following assessment years along with interest under Section 38 of the Gujarat Value Added Tax Act,2003. ((hereinafter referred to as the "GVAT Act"). Sr. No. Refund Amount Assessment Year 1 Rs. 1,78,68,878/- Year 2008-2009 2 Rs. 2,54,23,937/- Year 2009-2010 3 Rs. 1,58,44,456/- Year 2010-2011 3. The brief facts giving rise to the present litigation are as under:- 3.1 The writ applicant-Company is in the business of manufacturing of Pig Iron. In the production ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Tribunal, revenue has issued assessment order in Form 305 and Form VII-B of GVAT and the authority was pleased to allow refund to the applicant-Company. 3.5 Being aggrieved by the order of the Tribunal, the matter carried to the High Court by way of filing of Tax Appeal. While dismissing the appeal, the order of the Tribunal upheld by the Hon'ble High Court. The Hon'ble High Court has dismissed the appeal. The respondent-State has filed the SLP before the Hon'ble Supreme Court, wherein, the Hon'ble Supreme Court has passed the following order;- "In the meantime, the operation of the High Court is stayed." 4. The applicant-Company had made several request to the respondent to grant outstanding refund for the respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated above. 7. We have heard the learned advocate Mr. Hardik Vora appearing for the writ applicants and learned Assistant Government Pleader Mr. Chintan Dave. 8. Mr. Hardik Vora, learned counsel appearing for the applicant-Company would submits that the stay order passed by the Hon'ble Supreme Court would not affect to the case of the writ applicant-Company in claiming the refund for the relevant period as the assessment order reached its finality and the time limit to initiate any proceedings under the GVAT Act is now lapsed. Therefore, there would not any impact of the order on refund claimed. Referring Section 35 of the GVAT Act Mr. Vora would submits that considering the order of assessment, the authority now legally cannot exerci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he view that the time limit to initiate proceedings under GVAT Act is lapsed. It is required to be noted that Section 35 gives power to the authority to determine the amount of tax in respect of input tax credit etc after following the mandatory procedure as provided under the GVAT Act. However, the powers conferred under Section 35 cannot exercise after the expiry of 5 years from the end of the year in respect of which tax is assessable. Therefore, in view of the Section 35, the time limit is over and the authority now cannot initiate any proceedings in respect of refund. 14. Mr. Vora, the learned advocate appearing for the writ applicant has pointed out the power of authority to examine the matter by way of revision. We have examined the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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