9911796707
TMI Blog2003 (6) TMI 452X X X X Extracts X X X X X X X X Extracts X X X X ..... State of Bihar [1992] 85 STC 362 (Pat.), section 25A of the Bihar Finance Act was struck down as unconstitutional. Though the Legislature amended the section, subsequent thereto, the amended provision was also declared ultra vires by the Court in Larsen Toubro Ltd. v. State of Bihar [2000] 117 STC 41 (Pat.); (1999) 3 PLJR 960. 2.. According to the petitioner, it became entitled to refund of the tax deducted at source. It therefore made an application for refund on June 2, 1998. In terms of section 43 of the Bihar Finance Act, any amount refundable under the Act if not refunded within six months from the date of receipt of the application in that behalf from the dealer, shall carry interest at 9 per cent per annum with effect from the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gure, the refund could not be made. He pointed out that regarding one claim by the petitioner, it was actually found that something more than what was claimed by the petitioner was deducted and deposited and an amount higher than that claimed had been refunded. 5.. Learned counsel for the petitioner, on the other hand, submitted that section 43 of Bihar Finance Act was very clear in its term and the assessee could not be deprived of the interest due to it on the alleged ground of delay in verifying the deposits in the treasury. Learned counsel also pointed out that there could not be any difficulty in ascertaining the amount or in determining the actual amount deducted and deposited by the person responsible for making the payment, if one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lans in respect of each works contractor. 6.. It appears to us that it is for the State and those in charge of the treasury to ensure that the deposits made under rule 26A of the Bihar Sales Tax Rules, are made strictly in terms of that rule and in the present context, in terms of sub-rule (3)(i) thereof. This would go a long way in avoiding delay in refunding the amount due to an assessee and prevent the running of interest in terms of section 43 of the Bihar Finance Act, thereby leading to a saving for the Government. Similarly, a dealer entitled to refund will also be entitled to get the refund within the period fixed by the statute and without waiting indefinitely for the refund of the amount which became due to him. We are therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
