2022 (5) TMI 1197

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..... Virag Tiwari and Mr. Ramashish, Advs. Respondent Through: Mr. Satyakam, Advocate. [Physical Hearing/Hybrid Hearing (as per request)] RAJIV SHAKDHER, J. (ORAL): 1. The substantive prayers made in the writ petition read as follows: "(a) direct the respondent to grant refund of Rs.10,91,642/- for the fourth quarter of 2016-17; (b) direct the respondent to grant interes....

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....ws: "a) Refund Amount Rs. 10,91,642/-. b) Period/ days: 16.05.2021 to 20-05-2022 i.e. 368 days. c) Rate of interest: 6% per annum; d) Amount of interest per day: Rs. 179.44/- e) Total amount of interest issued: Rs. 66,037/-." 3. According to Mr Satyakam, the assessment order in the petitioner's case concerning financial year 2016-17 was passed on 16.....

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....erest. 4.1. We may note that it is Mr Satyakam's contention that in terms of the provisions of Section 38(7)(d) of the DVAT Act the delay in furnishing the declaration i.e. C-Forms, will have to be factored in while calculating interest. 4.2. Mr Jain, on the other hand, contests this position. He has drawn our attention to the explanation appended to the second proviso to Section 42(1) of th....

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....t, via order dated 01.02.2017, passed in Special Leave Petition (Civil) No. 3496/2017, titled Commissioner, Trade and Taxes & Anr. vs. Vizien Organics has stayed the operation of the aforementioned judgment rendered by the coordinate bench. 6. Therefore, as was the methodology adopted by another coordinate bench of this Court via order dated 27.02.2019, passed in W.P.(C.) No.13929/2018, titled ....