2015 (9) TMI 527 - HC - VAT and Sales Tax

Levy of Interest Delayed payment Whether Tribunal was right in law in holding that applicant was liable to pay interest as assessed by Sales Tax Officer under section 47(4A) of Gujarat Sales tax Act, 1969 Held that - Similar question was discussed in case of Brook Bond India Ltd Vs. State of Gujarat 1998 (11) TMI 632 - GUJARAT HIGH COURT On considering ratio laid down in said case as similar facts and questions of law were involved, assesses would not be liable to pay any interest as assessed by Sales Tax Officer under section 47(4A) of Gujarat Sales Tax Act, 1969 Interest was not to be levied upon appellants under section 47(4A)(A) of amended Act Therefore appeals allowed Decided in favour of Assesse.

Summary

Issues:
1. Interpretation of Section 47(4A) of the Gujarat Sales Tax Act, 1969 regarding the payment of interest on delayed tax payments.
2. Application of legal principles from previous Supreme Court and High Court judgments to determine liability for interest payment.

Analysis:
The Gujarat High Court was tasked with interpreting Section 47(4A) of the Gujarat Sales Tax Act, 1969 in relation to the payment of interest on delayed tax payments. The Court was presented with a question regarding the liability of the assesses to pay interest as assessed by the Sales Tax Officer under this section. The central issue revolved around whether interest was payable under clause (a) of Section 47(4A) on ad-hoc tax payments made before assessment, even if the tax liability was not due as per the returns filed by the appellants. The Court considered similar questions of law in multiple appeals and referred to the decision of the Supreme Court in the case of J.K.Synthetics to guide its analysis.

The Court noted that in each case, the assesses had paid the tax before the assessment order was passed by the Competent Officer. The Assessment Officer subsequently directed the assesses to pay interest on the alleged delayed payment from the date of filing the return until the assessment order was issued. The Court relied on the Supreme Court's decision in J.K.Synthetics and the High Court's decision in Brook Bond India Ltd to conclude that the law did not envision assesses predicting the final assessment to avoid interest liability. The Court emphasized that as long as the assesses paid the tax they believed was due based on the return filed, they had fulfilled their statutory obligation under Section 7 of the Act. Therefore, the assesses could not be held liable to pay interest under clause (a) of Section 47(4A).

In light of the legal principles established in previous judgments and the specific circumstances of the cases before it, the Gujarat High Court ruled that the assesses would not be liable to pay interest as assessed by the Sales Tax Officer under Section 47(4A) for the relevant assessment years. The Court allowed the appeals, quashed the orders of the Gujarat Value Added Tax Tribunal, and held that interest would not be levied on the appellants under the specified section of the Act. Ultimately, the Court answered the reference questions accordingly and provided a clear judgment on the issue of interest payment in these tax matters.