https://www.taxtmi.com/caselaws?id=160637 Refund of excess tax under the Bengal Finance (Sales Tax) Act, 1941 could not be withheld merely because a penalty proceeding under section 10E(3) was pending, since rule 55(1A) permits adjustment only against specified arrears, including penalties assessed under section 11. A contingent penalty under section 10E(3) is independent and outside that adjustment scheme, so retention of the refundable amount was unjustified. Where the refund was delayed after issuance of the notice in form VII, compensatory interest was payable despite the absence of a general statutory interest clause, because the statutory scheme contemplated prompt payment. en-us Tue, 12 Sep 2000 00:00:00 +0530 Sat, 21 Dec 2013 13:01:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=160637 Refund of excess tax under the Bengal Finance (Sales Tax) Act, 1941 could not be withheld merely because a penalty proceeding under section 10E(3) was pending, since rule 55(1A) permits adjustment only against specified arrears, including penalties assessed under section 11. A contingent penalty under section 10E(3) is independent and outside that adjustment scheme, so retention of the refundable amount was unjustified. Where the refund was delayed after issuance of the notice in form VII, compensatory interest was payable despite the absence of a general statutory interest clause, because the statutory scheme contemplated prompt payment. Case-Laws VAT and Sales Tax Tue, 12 Sep 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=160637