2013 (3) TMI 84

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.... the date of assessment order dated 26.2.2003 till the date of refund voucher i.e. 03.02.2004. Briefly stated the facts giving rise to the present writ petition are as follows:- The petitioner is a private limited company which is registered under the U.P. Trade tax Act (hereinafter referred to as the Act) is engaged in the business of fabrication, erection and civil contracts. In respect of running payment received for the assessment year 2000-2001 (U.P.) from the different contractees deduction of tax at source under section 8-D of the Act amounting to Rs. 8,30,011/- was made. The Deputy Commissioner Assessment, Meerut vide order dated 26.02.2003 passed an assessment order creating a liability of Rs. 5,31,017/- towards tax. The peti....

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....t August, 2004. The liability of payment of interest has been denied on the ground that as soon as TDS certificate has been verified, the refund has been made. We have heard the learned counsel for the parties. Sri Suyash Agarwal, learned counsel appearing for the petitiner submitted that the respondents are liable to pay interest @ 18% per annum under the provisions of Section 29(2) of the Act for the reason that more than three months has been taken for getting the amount of TDS verified and refund of Rs. 39,668/- out of Rs. 1,53,377/- has been made. He further submitted that if there had been any delay on the part of the authority in getting the TDS certificate verified, the liability of paying interest would not cease as it has be....

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....al matters to be observed by the Trade Tax authorities and has nothing to do with, the assessee/tax payer. 20. From a reading of the provisions of Section 29 of the Act. reproduced above, we find that it is the obligation and statutory duly of the Assessing Authority to refund to the dealer any amount of tax, fee or other dues which have been paid in excess of the amount due from him under the Act. However, before refunding the amount. the Assessing Authority is enjoined upon to adjust the same towards the tax or any other amount outstanding against the dealer under the Act or under the Central Sales Tax Act and only the balance, if any, is to be refunded. The State legislature has also taken care of the delay, if any caused in making th....