2014 (10) TMI 933

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....AIMIN GANDHI, AGP for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 1 - 4   ORAL ORDER (PER : MR.AKIL KURESHI) 1.Heard the learned counsel for the parties for final disposal of the petition. 2.The petitioner has prayed for direction to the respondents for payment of interest on delayed refund of the taxes. Brief facts are as under : 2.1. The petitioner is engaged....

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....er. However, actual refund was never paid. The petitioner went on sending reminders for the refund arising out of the order of assessment. Finally, the Assistant Commissioner of Commercial Tax under a letter dated 8.8.2014 released the refund of the said sum of Rs. 2,94,12,024/by depositing the said amount in the bank account of the petitioner. As per the petitioner, such refund had to carry statu....

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.... before the Supreme Court, the Court also directed payment of statutory interest. 4.On the other hand, learned AGP Shri Gandhi for the department relied on the affidavits to contend that in view of availability of alternative remedy, this petition should not be entertained. 5. The issues are rather simple and are based on admitted facts. Such facts are that the petitioner's assessment was finali....

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....r by virtue of an order of assessment under section 41, he shall, subject to the provisions of this section, be entitled to receive, in addition to the said amount, simple interest at the specified rates. We are informed that the Value Added Tax Act which is substituted by the Sales Tax Act also has a similar provision for statutory interest. 6.Under the circumstances, the respondents cannot avo....