https://www.taxtmi.com/caselaws?id=440668 HC held that Section 38(2) permits the Commissioner to apply a refundable amount against crystallized, outstanding dues, but not against demands that are not recoverable at the material time. Interest under Section 42(1) is payable from the date the refund ought to have been paid. Because the respondent failed to process the taxpayer's claim within the statutory two months and impermissibly withheld sums, the petitioner is entitled to interest from 01.06.2015. The HC directed refund of the withheld Rs.10,43,918 with interest from 01.06.2015, recomputation of interest on Rs.44,14,979 and payment of the balance after adjusting Rs.7,983; petition allowed. en-us Thu, 20 Jul 2023 00:00:00 +0530 Tue, 23 Sep 2025 18:56:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=440668 HC held that Section 38(2) permits the Commissioner to apply a refundable amount against crystallized, outstanding dues, but not against demands that are not recoverable at the material time. Interest under Section 42(1) is payable from the date the refund ought to have been paid. Because the respondent failed to process the taxpayer's claim within the statutory two months and impermissibly withheld sums, the petitioner is entitled to interest from 01.06.2015. The HC directed refund of the withheld Rs.10,43,918 with interest from 01.06.2015, recomputation of interest on Rs.44,14,979 and payment of the balance after adjusting Rs.7,983; petition allowed. Case-Laws VAT / Sales Tax Thu, 20 Jul 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=440668