9911796707
TMI Blog2004 (8) TMI 649X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned counsel for the parties, the matter is disposed of at the stage of admission. 2.. Controversy is very short. The petitioner was entitled to refund of an amount of Rs. 44,61,990. The order in tax revision case was passed on November 8, 2001 and refund was actually made on August 7, 2003. Writ petition has been filed seeking interest for the period for which the amount was not refunded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if it is found to be in excess of the tax or the licence fees payable by him for the said period, or at the option of the assessee or licensee, adjust such excess towards any tax or licence fees due in respect of any other period: Provided that the assessing or licensing authority, as the case may be, may first apply the excess paid in respect of any period towards the recovery of any amount, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pay to the assessee or the licensee simple interest at twelve per cent per annum on the amount of refund due from the date immediately following the expiry of the period of six months aforesaid to the date on which the refund is granted. (2) Where the refund is withheld under the provisions of section 33-C the State Government shall pay interest at the aforesaid rate on the amount of refund ulti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 33B of the Act, there is no need for the petitioner to file an application for refund or to make any claim for refund which is also made clear by section 33B itself. For these reasons, we hold that the petitioner was entitled to interest with effect from May 8, 2002 till August 7, 2003. Respondents shall work out the interest payable and pay the same to the petitioner as early as possible. Inte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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