9911796707
TMI Blog1999 (3) TMI 602X X X X Extracts X X X X X X X X Extracts X X X X ..... vied accordingly and for belated payment of tax interest was also levied and recovered from the petitioner. Even for 1986-87 tax was levied at 10 per cent on similar reasoning. Interest was also levied and recovered from the petitioner-firm for delayed payment of tax in 1990. The petitioner challenged the assessment order before this Court in writ petitions but the challenge failed when the writ petitions were dismissed on September 29, 1989. The petitioner went to Supreme Court against the said order. The petitioner also carried his appeal under the Act before the Deputy Commissioner, Guntur, contending that the agarbathies do not fall under the entry perfumes . The Supreme Court by its judgment dated February 20, 1997 (G. Radhakrishna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claimed. It was pointed out that the only provision under the Act relating to payment of interest on refund, was contained in section 33-F of the Act. The petitioner-firm s case did not fall under that provision and therefore the petitioner-firm s request was rejected. 3.. The contention of the learned counsel for the petitioner-firm is that the petitioner-firm is entitled to interest on ground of equity and equality of treatment between the parties. It is argued that the State whenever collects taxes from the assessee, it recovers interest if payment is delayed by the assessee. For the same reason, the assessee should also be paid interest if amount is not refunded to the assessee immediately. 4.. We have heard the learned counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner-assessee paid the amount long back in 1990, which is in fact much before the judgment of the Supreme Court on February 20, 1997, does not entitle the petitioner-firm to claim interest merely on the ground of equity. The argument that the State recovers interest if there is delay in payment of taxes is irrelevant because, such payment of interest is in terms of the statutory provisions. 5.. We do not think that there is any case made out for exercising our jurisdiction under article 226 of the Constitution of India merely on the spacious ground of equity and good conscience. The Act has specifically provided for payment of interest in certain situations only. We cannot add more situations under which interest can be paid to the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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