9911796707
TMI Blog2024 (4) TMI 956X X X X Extracts X X X X X X X X Extracts X X X X ..... cordance Section 42(1) of the DVAT ACT, 2004 (hereinafter referred as 'the Act') 2. A refund order was issued on 13.07.2022 for March 2006, whereby the Petitioner was found entitled for refund of Rs. 37,99,453/- however, without any interests. 3. The surviving issue in the present petition is with regard to the interests to be paid to the petitioner on the delayed refund and period thereof. 4. Reference may be had to Section 38 of the Act, which reads as follows: - "Section 38: Refunds 1. **** 2. **** 3. Subject to sub-section (4) and sub-section (5) of this section, any amount remaining after the application referred to in sub-section (2) of this section shall be at the election of the dealer, either - (a)[refunded to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be calculated on the amount of refund due after deducting therefrom any tax, interest, penalty or any other dues under this Act, or under the Central Sales Tax Act, 1956 (74 of 1956): PROVIDED FURTHER that if the amount of such refund is enhanced or reduced, as the case may be, such interest shall be enhanced or reduced accordingly. Explanation.- If the delay in granting the refund is attributable to the said person, whether wholly or in part, the period of the delay attributable to him shall be excluded from the period for which the interest is payable. (2) When a person is in default in making the payment of any tax, penalty or other amount due under this Act, he shall, in addition to the amount assessed, be liable to pay s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lay on the part of the respondents to refund the amount. 9. Further, the limit in terms of Section 38(3)(a)(i) commenced from the date of filing of return and ended on 25.01.2007. Further, in terms of Section 42(1) of the Act, and Notification No. F.3 (59)/Fin.(T&E)/2005-06/903, the annual rate of interest @ 6% started accruing since 26.01.2007 on the refund amount of Rs. 37,99,453/- until the date on which amount is given. 10. Per Contra, learned counsel for respondents submits that the petitioner approached this Court with a substantial delay of nearly 13 years and as such, the petitioner cannot benefit for the said period on account of interest. 11. He submits that as per the return available on DVAT portal the Petitioner did not clai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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