Court : Karnataka
Reported in : (2010)27VST81(Karn)
..... respondents are only entitled to retain the input tax at four per cent and consequent interest on delayed payment, penalty and are liable to refund the excess input tax together with interest as per section 50 of the karnataka value added tax act, 2003 read with rule 128 of the rules. ..... after adjusting the earlier payment and the subsequent payment to be made, the petitioner made a claim before the respondents for refund of the excess input tax paid accordingly the respondents refunded excess input tax paid by the petitioner-company in the months of march and april ..... controversy between the parties is whether the respondents are liable to pay interest at six per cent per annum on the delayed refund of input tax to the petitioner-company5. ..... are not entitled to retain the interest collected from the seller on the refunded input tax. ..... but the respondents refused to pay interest on the delayed refund made by petitioner-company under the ..... further it is not in dispute that the respondents have refunded excess input tax to the petitioner-company in the months of march and ..... the default committed by the seller of the petitioner-company, the respondents initiated coercive steps, recovered the tax due together with interest at 15 per cent per annum and penalty. ..... writ petitions the petitioner has prayed for a writ in the nature of certiorari to quash the endorsements dated march 30, 2009 and may 20, 2009 as per annexures e and g to the writ petition refusing to pay interest on delayed refund.2. .....
Tag this Judgment!Court : Karnataka
..... fd 57 csl 97(1), dated 21.08.1997; or (ii) notification dated 18.04.2005 under kvat act in exercise of the powers conferred by sub-section (2) of section 5 of the karnataka value added tax act, 2003 (karnataka act no. ..... of such law including provisions relating to returns, provisional assessment, advance payment of tax, registration of the transferee of any business, imposition of tax liability of a person carrying on business on the transferee of, or successor to, such business, transfer of liability of any firm or hindu undivided family to pay tax in the event of the dissolution of such firm or partition of such family, recovery of tax from third parties, appeals, reviews, revisions, references, refunds, rebates, penalties charging or payment of interest, compounding of offense and treatment of documents furnished by a dealer as confidential ..... , shall apply accordingly: provided that if it any state or part thereof there is no general sales tax law in force, the central government may, be rules made in this behalf make necessary provision for all or any of the matter specified in this sub-section. .....
Tag this Judgment!Court : Karnataka
..... notification dated 18.4.2005 under kvat act in exercise of the powers conferred by sub-section (2) of section 5 of the karnataka value added tax act, 2003 (karnataka act no.32 of 2004), the government of karnataka hereby exempts with effect from the first day of april, 2005, the net tax payable by a new industrial unit under the said act, on the sale of goods manufactured by it, subject to the following conditions and procedure, namely (1) the industrial unit is eligible for tax exemption on sale of goods manufactured by it, under the notification issued by the ..... of such law including provisions relating to returns, provisional assessment, advance payment of tax, registration of the transferee of any business, imposition of tax liability of a person carrying on business on the transferee of, or successor to, such business, transfer of liability of any firm or hindu undivided family to pay tax in the event of the dissolution of such firm or partition of such family, recovery of tax from third parties, appeals, reviews, revisions, references, refunds, rebates, penalties charging or payment of interest, compounding of offences and treatment of documents furnished by a dealer as confidential .....
Tag this Judgment!Court : Karnataka
..... under notification dated 18.4.2005 under kvat act in exercise of the powers conferred by sub-section (2) of section 5 of the karnataka value added tax act, 2003 (karnataka act no.32 of 2004), the government of karnataka hereby exempts with effect from the first day of april, 2005, the net tax payable by a new industrial unit under the said act, on the sale of goods manufactured by it, subject to the following conditions and procedure, namely (1) the industrial unit is eligible for tax exemption on sale of goods manufactured by 14 it, under the notification ..... of such law including provisions relating to returns, provisional assessment, advance payment of tax, registration of the transferee of any business, imposition of tax liability of a person carrying on business on the transferee of, or successor to, such business, transfer of liability of any firm or hindu undivided family to pay tax in the event of the dissolution of such firm or partition of such family, recovery of tax from third parties, appeals, reviews, revisions, references, refunds, rebates, penalties charging or payment of interest, compounding of offences and treatment of documents furnished by a dealer as confidential .....
Tag this Judgment!Court : Karnataka
..... under notification dated 18.4.2005 under kvat act in exercise of the powers conferred by sub-section (2) of section 5 of the karnataka value added tax act, 2003 (karnataka act no.32 of 2004), the government of karnataka hereby exempts with effect from the first day of april, 2005, the net tax payable by a new industrial unit under the said act, on the sale of goods manufactured by it, subject to the following conditions and procedure, namely (1) the industrial unit is eligible for tax exemption on sale of goods manufactured by 14 it, under the notification ..... of such law including provisions relating to returns, provisional assessment, advance payment of tax, registration of the transferee of any business, imposition of tax liability of a person carrying on business on the transferee of, or successor to, such business, transfer of liability of any firm or hindu undivided family to pay tax in the event of the dissolution of such firm or partition of such family, recovery of tax from third parties, appeals, reviews, revisions, references, refunds, rebates, penalties charging or payment of interest, compounding of offences and treatment of documents furnished by a dealer as confidential .....
Tag this Judgment!Court : Delhi
..... . reported as (2010) scc online cal 2520 a division bench of the calcutta high court has also taken a concurrent view in addressing the constitutional validity of section 32 (2) of the west bengal value added tax act, 2003 which imposes a late fee for filing of returns ..... the petitioner points-out that, for instance, under section 221 of the act penalty for default in payment of tax is imposed only after giving the assessee a reasonable opportunity of being heard; and if the assessee proves to the satisfaction of the assessing officer that the default was for good and for sufficient reason, no penalty is ..... . accordingly the bombay high court has opined that upon payment of the fee prescribed under section 234e of the act, the late filing of a tds return/statement is regularised, which is but a privilege and a special service to the person who deducts tax but files the tds return/statement beyond the time prescribed by the act.16 ..... . delay in processing of income tax returns leads to cascading delay in claiming of tax refund, wherever due; and also places a liability on the government to pay interest for delayed refunds, where due; and a possible cash flow crunch for business entities ..... . there cannot be any room of doubt that the amended sub-section (2) of section 32 of the act affords a benefit rather special beneficial right to the dealer to submit return upon payment of late fee even after the prescribed period as rightly conomded (sic, contended) by mr .....
Tag this Judgment!Court : Guwahati
Reported in : (2009)25VST140(Gauhati)
..... the legislative competence of the state of meghalaya to enact section 106 of the meghalaya value added tax act, 2003 ('the act', for short) is called into question by thirteen petitioners in this bunch of writ petitions. ..... then, rule 42 of the rules provides for, among others, refund of the excess amount deducted at source in respect of works contract and payment of interest by the commissioner for delayed payment of refund. ..... in other words, the state legislature cannot pick forbidden fruits under the guise of tax deduction at source, which is forbidden by article 286 of the constitution read with sections 14 and 15 of the central sales tax act, 1956 and promise to refund the amount at the time of final assessment. ..... excess payments, if any, on account of the tax deductions at source made by any of the respondents heretofore in terms of the interim orders of this court shall be refunded to all the petitioners at once along with the interest admissible under the law. ..... if a person is not liable for payment of tax at all, at any time, the collection of a tax from him, with a possible contingency of refund at a later stage, will not make the original levy valid; because, if particular sales or purchases are exempt from taxation altogether, they can never be taken into account, at any stage, for the purpose of calculating or arriving at the taxable turnover and for levying tax.17. .....
Tag this Judgment!Court : Punjab and Haryana
..... per rule 41(4) of the haryana value added tax rules, 2003 also, interest is to be paid @ 1% per month from the date of order to the date when the refund payment order is issued. ..... state of haryana and others, (2009) 33 punjab and haryana taxes 647 (p & h), while examining the provisions of section 44 of the haryana general sales tax act, 1973 on the issue of the power to withhold the refund, held that where the commissioner had failed to record any reasons as to how recovery is likely to be affected it would make the order wholly unsustainable and liable to be set ..... under the provisions of the act in view of section 20 and rules 41 and 42, the authorities were under an obligation to refund the amount within a period of 60 days and thereafter were liable to pay interest @ 1% per month.7 ..... pursuance of the said proceedings, a revision notice was also issued on 28.08.2012 under section 34 of the act and the petitioner filed an application on 18.09.2012 for payment of the refund. ..... section 21 of the act provides that the taxing authority itself is to record reasons in writing and if the authority is below the rank of the commissioner, he is to refer the case within 30 days of the application for refund to the ..... was further averred that respondents no.2 and 3 were of the opinion that the revisional action would end up in drastic reduction of amount of refund and, therefore, a request was made to respondent no.4 for ordering withholding of refund in terms of section 21(2) of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(224)ELT354(SC); [2008]303ITR284(SC); JT2008(2)SC350; 2008(2)SCALE341; (2008)3SCC582; 2009[16]STR210; (2008)13VST1(SC); 2008AIRSCW1290
..... --in exercise of the powers conferred by section 10 of the kerala general sales tax act, 1963 (act 15 of 1963), read with sub-section (5) of section 98 of the kerala value added tax act, 2003 (30 of 2004), the government of kerala, having considered it necessary in the public interest so to do hereby, rescind the notification issued as per g.o. (p) no ..... latex and crumb rubber from payment of tax payable under the kerala general sales tax act, 1963 on the sales or purchase turnover of centrifuged latex and crumb rubber on condition that purchase tax has been levied and collected on the purchase turnover of field latex, used for the manufacture of centrifuged latex and crumb rubber, under kerala general salex tax act, 1963.tax if any, collected shall be paid over to government and tax if any, already paid shall not be refunded. ..... the said notification has been issued under section 10 of the 1963 act read with section 98 of the kerala value added tax act, 2003 granting exemption to manufacturers and subsequent sellers of centrifuged latex from payment of tax payable under the said act on the sales or purchase turnover on the condition that purchase tax has been levied and collected on the purchase turnover of field latex, used for the manufacture of centrifuged ..... according to the learned counsel, the effect of the circular is to grant exemption from payment of tax on the sale or purchase turnover of centrifuged latex, which could not have been done by the board vide the above circular .....
Tag this Judgment!Court : Karnataka
..... 100 vst1(cal), the calcutta high court when faced with challenge to the constitutionality of section 84(1) of the west bengal value added tax act, 2003 which is analogous to section 63 of the kvat act in mandating payment of entire undisputed amount and fifteen per cent of amount under dispute prior to filing of appeal, the court noted that the word "payment" is capable of different meanings in the context that it is used. ..... on the assessee succeeding in the appeal, such money is required to be either refunded with accrued interest or allowed to adjust against any liability of the assessee, as the case may be. ..... according to him, it is a deposit which would abide by the result of the appeal, that is to say that, on the appellant succeeding in the appeal, the amount deposited in terms of the second proviso to section 84(1) would be refunded to the appellant along with interest. ..... the madras high court in somewhat identical circumstances has ordered refund along with 15 percent interest. .....
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