https://www.taxtmi.com/caselaws?id=128788 Pre-suit interest on refund of sales tax collected under an assessment later held illegal was not recoverable because no recognised basis existed for such interest. The Interest Act, 1839 applies only to a debt or sum certain payable at a fixed time under a written instrument, while section 34 CPC governs only interest from the date of suit and does not create a pre-suit entitlement. Section 144 CPC was inapplicable because it concerns variation or reversal of court decrees, not tax assessments by revenue authorities. The governing sales tax provisions and amended rules contemplated refund of excess tax without interest, and the claim did not fall within contractual, statutory, tortious, or equitable grounds. en-us Fri, 09 Feb 1962 00:00:00 +0530 Thu, 11 Apr 2013 12:31:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=128788 Pre-suit interest on refund of sales tax collected under an assessment later held illegal was not recoverable because no recognised basis existed for such interest. The Interest Act, 1839 applies only to a debt or sum certain payable at a fixed time under a written instrument, while section 34 CPC governs only interest from the date of suit and does not create a pre-suit entitlement. Section 144 CPC was inapplicable because it concerns variation or reversal of court decrees, not tax assessments by revenue authorities. The governing sales tax provisions and amended rules contemplated refund of excess tax without interest, and the claim did not fall within contractual, statutory, tortious, or equitable grounds. Case-Laws VAT and Sales Tax Fri, 09 Feb 1962 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=128788