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2015 (6) TMI 541 - HC - VAT and Sales TaxInterest on refund claim - Doctrine of merger - compensatory measure - Whether the Tribunal has erred in holding that dealer is entitled to interest under section 54 1 aa on refund arising from appellate order - Held that - principles of compensatory measure may apply if the taxing statute is silent about the said aspect. The Legislature may control quantification of interest or the entitlement of interest on refund subject to meeting with the test of constitutional provision. But, when the legislature is silent about entitlement of interest on refund of the tax amount already paid by the citizen, the interest can be considered by way of a compensatory measure. General principles for awarding compensation to the Assessee for the delay in receiving monies properly due to it is not disapproved by the Larger Bench of the Apex Court in the case of Commissioner of Income Tax, Gujarat Vs. Gujarat Fluoro Chemicals 2013 (10) TMI 117 - SUPREME COURT - observation made in case of Gujarat Fluoro Chemicals (supra) is a complete answer to the contention that the interest can be awarded even if not expressly barred by the statute or that the taxing statute is silent about the same. Question raised could no more be considered as substantial question of law since such aspect is already covered by the principles of doctrine of merger well settled in the system of administration of justice and also in the abovereferred decision of the Apex Court as well as of this Court. - no substantial question of law would arise for consideration in the present Tax Appeals - Decided against Revenue.
Issues Involved:
1. Entitlement of dealer to interest under Section 54(1)(aa) on refund arising from appellate order. Issue-wise Detailed Analysis: 1. Entitlement of Dealer to Interest under Section 54(1)(aa) on Refund Arising from Appellate Order: The core issue in this appeal is whether the Tribunal erred in holding that a dealer is entitled to interest under Section 54(1)(aa) of the Gujarat Sales Tax Act on refunds arising from appellate orders. The appellant's counsel acknowledged that this question has been previously addressed by a Division Bench in Tax Appeal No. 87 of 2015, which dismissed similar appeals. The Division Bench's decision in Tax Appeal No. 87 of 2015 highlighted that the Tribunal had consistently ruled in favor of granting interest on refunds resulting from appellate orders. The Tribunal's rationale was based on a reasonable interpretation of Section 54(1)(aa) and the principles of the doctrine of merger. The Tribunal argued that when an assessment order is modified or corrected by an appellate authority, it should be considered an extension of the original assessment order under Section 41, thereby entitling the dealer to interest on the refunded amount. The Tribunal's decision was supported by its earlier ruling in the case of M/s. Saurashtra Chemical Ltd. vs. State of Gujarat, where it was held that the purpose of Section 54(1)(aa) is to compensate the dealer for the excess money paid. The Tribunal emphasized that the provision should be interpreted broadly to include both original assessment orders and those modified in appeal, to avoid discrimination and ensure fairness. The Division Bench also considered the principles established by the Supreme Court in Sandvik Asia Ltd. v. Commissioner of Income Tax, which recognized the compensatory nature of interest on delayed refunds. The Court maintained that interest should be paid to compensate for the financial loss incurred due to the delay in refunding the excess tax paid. The Division Bench concluded that the Tribunal's interpretation aligns with the doctrine of merger, which states that an appellate order supersedes the original assessment order. Therefore, the interest on refunds should apply to both the original and modified assessment orders. The Court dismissed the appeals, affirming that no substantial question of law was involved, and upheld the Tribunal's decision to grant interest on refunds arising from appellate orders. In summary, the Tribunal's decision to award interest under Section 54(1)(aa) on refunds resulting from appellate orders was upheld by the High Court. The Court emphasized the importance of a reasonable interpretation of the statute to ensure fairness and avoid discrimination between dealers who receive refunds at different stages of the assessment process.
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