2004 (8) TMI 649

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....by BILAL NAZKI, J.-Heard learned counsel for the parties. Counter has been filed and with the consent of the learned counsel for the parties, the matter is disposed of at the stage of admission. 2.. Controversy is very short. The petitioner was entitled to refund of an amount of Rs. 44,61,990. The order in tax revision case was passed on November 8, 2001 and refund was actually made on Augus....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he tax or the licence fees, if any, paid, provisionally by an assessee or licensee for any particular period, if it is found to be in excess of the tax or the licence fees payable by him for the said period, or at the option of the assessee or licensee, adjust such excess towards any tax or licence fees due in respect of any other period: Provided that the assessing or licensing authority, as t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... does not grant the refund within a period of six months from the date of such order, the State Government shall pay to the assessee or the licensee simple interest at twelve per cent per annum on the amount of refund due from the date immediately following the expiry of the period of six months aforesaid to the date on which the refund is granted. (2) Where the refund is withheld under the pro....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 2001 and as such the refund had to be made before May 8, 2002. Once an order of refund is made in terms of section 33B of the Act, there is no need for the petitioner to file an application for refund or to make any claim for refund which is also made clear by section 33B itself. For these reasons, we hold that the petitioner was entitled to interest with effect from May 8, 2002 till August 7,....