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Issue ID : 107352
- 0 -

Interest on VAT Refund-Karnataka

Date 17 Sep 2014
Replies4 Answers
Views 9662 Views
Asked By

My Sales Tax assessment for YE 31.03.2001 was concluded. However by SMR (Summary Revision) Order in 2006 there was an additional demand of ₹ 4.00 Lacs. This was paid under protest and an appeal was filed. This was disposed by the Tribunal in my favour in 2011. Thereafter I filed for refund. I received the refund in September 2014. I want to know if i am entitled to interest in as much as the Department collects interest for delay. Here i have paid excess on their demand which was quashed by the tribunal. please advise.

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- 0
Replied on Sep 17, 2014
1.

Dear Clarence,

Please check Section 50 the Karnataka VAT Act read with Rules made there under regarding interest on refund.

Regards

YAGAY and SUN

(Management and Indirect Tax Consultants)

- 0
Replied on Sep 18, 2014
2.

Thank You very much.

Is the interest applicable from date of payment under protest and at what rate?

- 0
Replied on Sep 18, 2014
3.

Dear Clarence,

Section 50. Payment of interest on refunds.- (1) Where any amount refundable to any person under an order made, or proceedings taken, under any provision of this Act or Rules made thereunder is not refunded to him within thirty five days, (a) of the date of such order, if that order is made by the refunding authority, or (b) of the date of receipt of such order by the refunding authority, if that order is made by an authority other than the refunding authority, the refunding authority, being any officer of the Commercial Taxes Department authorized to make any refund under this Act, shall pay such person simple interest at the rate of 1[Six percent] per annum on the said amount from the day immediately following the expiry of the said thirty five days to the day of the refu1. Substituted by Act 6 of 2005 w.e.f. 19.3.2005.

(2) The interest calculable under sub-section (1) shall be on the balance of the amount remaining after adjusting out of the refundable amount any tax, interest or other amount due under this Act, for any year by the person on the date from which such interest is calculable.

(3) In computing the period of thirty five days referred to in sub-section (1), such periods as may be prescribed shall be excluded.

(4) The interest payable for a part of month shall be proportionately determined.

Regards

YAGAY and SUN

(Management and Indirect Tax Consultants)

- 0
Replied on Sep 19, 2014
4.

Thanks. Will see if they give any interest !!!

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