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2017 (3) TMI 3 - HC - VAT and Sales TaxCondonation of delay - period of limitation - entitlement of interest on the amount of refund - Section 38 of the Gujarat Value Added Tax, 2003 (GVAT) - Held that - As averred in the application, the proposal to file the Appeal was sent to the Finance Department on 09/08/2016. The period between 29/04/2016 to 09/08/2016 has not been explained at all. Even the period between 17/09/2016 to 30/01/2017 at the end of the Government Pleaders Office has not been sufficiently and properly explained. Under the circumstances, there is no proper and sufficient explanation explaining the huge delay of 218 days - present application deserves to be dismissed Even otherwise, according to section 54(1) (aa) and also Section 38, the dealer is entitled to interest on the refund arising out of and/or pursuant to the order passed by the learned tribunal and/or on passing order of assessment (final assessment order) - it cannot be said that the learned tribunal has committed any error in holding that the dealer is entitled to interest - the delay has not been properly and sufficiently explained, even on merits also the Appeal deserves to be dismissed as the Appeal lacks merits - Decided against the revenue.
Issues:
Delay in preferring Tax Appeal against the judgment of Gujarat Value Added Tax Tribunal. Entitlement of dealer to refund of tax along with interest. Interpretation of provisions of Gujarat Sales Tax Act and Gujarat Value Added Tax Act regarding interest on refund. Analysis: *Delay in Preferring Tax Appeal:* The High Court of Gujarat was presented with an application under Section 5 of the Limitation Act to condone a delay of 218 days in filing a Tax Appeal against the judgment of the Gujarat Value Added Tax Tribunal. The court noted that the delay had not been adequately explained, as vague averments were made regarding seeking opinions from various officers before deciding to file the appeal. The court emphasized the importance of providing a proper and sufficient explanation for such a significant delay. Citing a decision of the Hon'ble Supreme Court, the court held that the application deserved to be dismissed due to the lack of a satisfactory explanation for the delay. *Entitlement to Refund of Tax with Interest:* The dispute in question revolved around the entitlement of the dealer to a refund of ?37,79,918 along with interest, as determined by the Gujarat Value Added Tax Tribunal. The tribunal had ruled in favor of the dealer, allowing the refund and interest. The court examined the provisions of the Gujarat Sales Tax Act and the Gujarat Value Added Tax Act to determine the dealer's entitlement to interest on the refund amount. Referring to a previous decision of the court, it was established that the dealer was indeed entitled to interest on the refund as per the applicable laws. The court found no error in the tribunal's decision to award interest on the refund amount. *Interpretation of Provisions of Sales Tax and Value Added Tax Acts:* The court delved into the specific sections of the Gujarat Sales Tax Act and the Gujarat Value Added Tax Act to ascertain the dealer's right to interest on the refund. Section 54 of the Gujarat Sales Tax Act and Section 38 of the Gujarat Value Added Tax Act were analyzed to determine the dealer's entitlement to interest on the refund amount. The court concluded that the dealer was entitled to interest on the refund as per the provisions of the relevant Acts. It was emphasized that the tribunal had not erred in awarding interest on the refund amount, considering the legal framework in place. *Conclusion:* Ultimately, the High Court dismissed the application for condonation of delay and consequently dismissed the Tax Appeal and Civil Application for stay on the grounds of limitation. The decision was based on the inadequacy of the explanation for the delay and the lack of merits in the appeal. The court upheld the dealer's entitlement to the refund of tax along with interest as determined by the tribunal, in accordance with the provisions of the Gujarat Sales Tax Act and the Gujarat Value Added Tax Act.
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