<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2000 (10) TMI 945 - ORISSA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=160797</link>
    <description>Refund under a sales tax reassessment scheme does not crystallise until the fresh assessment is completed, so interest cannot be directed on an amount that remains pending determination. The refund and interest provisions were upheld as part of a valid fiscal scheme, with no violation of equality or trade rights merely because interest is not allowed from the date of deposit. The Court held that it cannot prescribe a rigid time-limit for reassessment where the statute is silent. Section 14-D was treated as a valid ancillary power to withhold refund during pending appeal or further proceedings, while interest becomes payable once the refund is finally due. Stay of disputed tax demand must be decided case by case on settled equitable and fiscal considerations.</description>
    <language>en-us</language>
    <pubDate>Mon, 16 Oct 2000 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 24 Dec 2013 17:12:02 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=340619" rel="self" type="application/rss+xml"/>
    <item>
      <title>2000 (10) TMI 945 - ORISSA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=160797</link>
      <description>Refund under a sales tax reassessment scheme does not crystallise until the fresh assessment is completed, so interest cannot be directed on an amount that remains pending determination. The refund and interest provisions were upheld as part of a valid fiscal scheme, with no violation of equality or trade rights merely because interest is not allowed from the date of deposit. The Court held that it cannot prescribe a rigid time-limit for reassessment where the statute is silent. Section 14-D was treated as a valid ancillary power to withhold refund during pending appeal or further proceedings, while interest becomes payable once the refund is finally due. Stay of disputed tax demand must be decided case by case on settled equitable and fiscal considerations.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Mon, 16 Oct 2000 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=160797</guid>
    </item>
  </channel>
</rss>