2015 (3) TMI 1403 - HC - Indian Laws

Grant of refund - seeking a direction to the Respondents to undertake assessment of the returns filed by the Petitioners - only grievance of the parties like the Petitioners is that the returns though furnished and submitted have not been scrutinised and verified in terms of the law - HELD THAT - We clarify that we make no observation nor express any opinion specifically on the issue as to whether the refund could be granted to the Petitioners on the basis of their computation and calculation made in the returns or a separate procedure being evolved therefor. They will have to comply with the same including filling in the forms if necessary - We only desire that none of such applications as are noted by us and in the Petitions are kept pending by the department/Respondents. If the returns are furnished and submitted, then, they deserve to be scrutinised. It is stated that pursuant to our oral direction, the Commissioner of Sales Tax is present in Court. He has instructed Mr. Sharma to state that all the returns and which are subject matter of the Petitions on today's board and equally those pending with the department would be taken up for scrutiny and verification periodically and as far as the Petitioners are concerned, the returns would be processed and the requisite orders would be passed within a period of 4 weeks from the date of receipt of copy of this order. Petition disposed off.

Summary

Issues:
1. Direction sought for assessment of returns and refund grant.
2. Grievance regarding non-scrutiny of returns and non-granting of refunds.
3. Compliance issues with relevant rules and provisions for refund.
4. Clarification on the procedure for granting refunds.
5. Expedited scrutiny and processing of refund claims.
6. Instructions sought from concerned officials.
7. Assurance by Commissioner of Sales Tax for timely processing of returns.
8. Timelines for processing pending files and disposal of Writ Petitions.

Analysis:
The judgment by the High Court of Bombay addressed various issues related to the assessment of returns and the grant of refunds. The Writ Petitions sought a direction for the Respondents to assess the returns filed by the Petitioners and grant refunds if entitled. The Court acknowledged that such petitions were filed frequently due to grievances about non-scrutiny of returns and non-issuance of refunds, highlighting compliance issues with relevant rules and provisions enabling refund claims.

The Court refrained from expressing a specific opinion on whether refunds could be granted based on the Petitioners' calculations in the returns or if a separate procedure was required. However, it emphasized the need for timely scrutiny of returns and expeditious processing of refund claims. The Respondents were directed to process the cases promptly, ensuring that applications were not kept pending.

The Court received assurances from the Commissioner of Sales Tax, presented in court, regarding the periodic scrutiny and verification of returns, with orders to be passed within four weeks for the Petitioners' cases. This commitment was considered an undertaking to the Court, with expectations for the Respondents to comply. Additionally, a timeline of eight weeks was set for processing pending files apart from those on the current board, emphasizing the need for expedited action.

Overall, the judgment aimed to streamline the assessment and refund process, ensuring compliance with rules and timely resolution of refund claims. The directives issued by the Court emphasized the importance of efficient processing and adherence to timelines for the benefit of the Petitioners and the smooth functioning of the tax refund system.