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    <title>2018 (6) TMI 1616 - GUJARAT HIGH COURT</title>
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    <description>A petitioner sought refund or re-credit of an amount paid before its registration as a sick unit, contending it should have been adjusted against principal sales tax dues under a settlement scheme. The Gujarat HC noted that the payment was made before registration and that the later settlement had to be computed with reference to outstanding dues as on 31.03.2010. Applying Section 47(4B) of the Gujarat Sales Tax Act, 1969, the Court referred to the statutory appropriation order of interest first, then penalty, and only thereafter tax. As the prior payments had already been adjusted in that manner, the amount could not be treated as excess payment or a pipeline payment towards principal dues. The petitioner was therefore not entitled to refund or re-credit.</description>
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    <pubDate>Thu, 21 Jun 2018 00:00:00 +0530</pubDate>
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      <title>2018 (6) TMI 1616 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=280942</link>
      <description>A petitioner sought refund or re-credit of an amount paid before its registration as a sick unit, contending it should have been adjusted against principal sales tax dues under a settlement scheme. The Gujarat HC noted that the payment was made before registration and that the later settlement had to be computed with reference to outstanding dues as on 31.03.2010. Applying Section 47(4B) of the Gujarat Sales Tax Act, 1969, the Court referred to the statutory appropriation order of interest first, then penalty, and only thereafter tax. As the prior payments had already been adjusted in that manner, the amount could not be treated as excess payment or a pipeline payment towards principal dues. The petitioner was therefore not entitled to refund or re-credit.</description>
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      <pubDate>Thu, 21 Jun 2018 00:00:00 +0530</pubDate>
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