1987 (8) TMI 417 - HC - VAT and Sales Tax

Summary

Issues:
Recovery of interest under section 18(3) of the General Sales Tax Act despite a stay order.

Analysis:
The judgment revolves around the issue of whether the respondents could recover interest under section 18(3) of the General Sales Tax Act despite a stay order issued by the court. The court clarified that the stay order did not absolve the petitioners from their liability to pay interest under the statute. The court emphasized that obtaining a stay order does not exempt the litigant from paying the amount owed, including interest or penalties, as provided by law. The court highlighted that a litigant who secures a stay order does so at their own risk and cost and remains liable to pay any interest or penalties due. The judgment cited a previous ruling by the Supreme Court which stated that the liability to pay interest is created by the statute, and there is no discretion to grant exemptions from such payments.

The court referenced a specific order passed by the Supreme Court in a related matter to demonstrate that the interest could not be directed to be levied for non-filing of returns or non-payment of tax under the General Sales Tax Act. However, the court clarified that the Supreme Court's order only provided for an interim arrangement and did not conclusively decide the issue at hand. The court also noted that the petition in question had been dismissed on its merits without any specific direction regarding the payment or nonpayment of interest under the statute. The judgment emphasized that a litigant who successfully obtains a stay order cannot evade their obligation to pay interest or penalties as mandated by law.

In conclusion, the court dismissed the writ petition, stating that there was no merit in the petition based on the provisions of the General Sales Tax Act and the precedent set by the Supreme Court. The court ordered the dismissal of the petition with costs assessed at Rs. 500.