https://www.taxtmi.com/caselaws?id=402281 Excess tax, penalty or interest paid by a dealer under the Tripura Value Added Tax Act, 2004 is refundable under Section 43, and refund may be withheld under Section 46 only where a statutory basis exists and the Commissioner records the required opinion that release would prejudice revenue. A mechanical direction to adjust excess collections against future assessments, without identifying any pending proceeding or legal ground for retention, is not sustainable. Where such an order remains in force, failure to file a refund application under Rule 35 cannot defeat the dealer's entitlement to refund. The unadjusted excess amount is refundable with statutory interest. en-us Mon, 21 Dec 2020 00:00:00 +0530 Mon, 01 Mar 2021 15:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=402281 Excess tax, penalty or interest paid by a dealer under the Tripura Value Added Tax Act, 2004 is refundable under Section 43, and refund may be withheld under Section 46 only where a statutory basis exists and the Commissioner records the required opinion that release would prejudice revenue. A mechanical direction to adjust excess collections against future assessments, without identifying any pending proceeding or legal ground for retention, is not sustainable. Where such an order remains in force, failure to file a refund application under Rule 35 cannot defeat the dealer's entitlement to refund. The unadjusted excess amount is refundable with statutory interest. Case-Laws VAT and Sales Tax Mon, 21 Dec 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=402281