2006 (12) TMI 555 - HC - VAT and Sales Tax

Summary

Issues involved: Provisional assessment order, final assessment order, refund entitlement, application for refund, interest payable.

In the present case, a revision petition was filed against a provisional assessment order for the Assessment Year 2000-2001. The Assessing Authority's observations in the provisional assessment order merged into the final assessment order, rendering the revision petition unnecessary due to changed circumstances.

Subsequently, it was revealed that the final assessment for the said year had been completed by the department, and the assessee was found to be entitled to a refund. The petitioner was directed to file an application for refund as per u/s.56 of the Rajasthan Sales Tax Act along with Rule 35 of the relevant rules. The department was instructed to review and settle the refund application within two months from its filing date.

Moreover, the counsel emphasized that the assessee might be eligible for interest on the refundable amount, as the statute itself acknowledges interest payment under the provisions of u/s.56 of the Act.

As a result, the revision petition was deemed infructuous and accordingly disposed of, with the directions provided for the refund application and consideration of interest entitlement.