2009 (2) TMI 758

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....ition challenging an order passed by the respondent, by which the respondent informed the petitioner that the issue of refund of excess tax paid by the petitioner will be considered after finalisation of the assessments. Heard Mr. R. Senniappan, learned counsel for the petitioner and Mr. A.C. Mani Bharathi, learned Government Advocate (Taxes), for the respondent. By an order dated September ....

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....respondent that the petitioner stopped business with effect from April 1, 2007, and that, at that time, assessments for the years 2002-03 and 2003-04 were pending finalisation. Therefore, the respondent has taken a stand in the impugned order that only after finalisation of the assessment for those years, the question of refund will be taken up. Aggrieved by such a stand taken by the respondent, t....

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....any liability has been passed so far, the amount due to the petitioner cannot be withheld by the respondent. As a matter of fact, the Tamil Nadu General Sales Tax Act, 1959 (hereinafter referred to as, "the Act") does not provide for retention of excess tax, in anticipation of future liability. This is why section 24(4) of the Act provides for payment of interest on belated refund of excess tax. ....