9911796707
TMI Blog2006 (4) TMI 533X X X X Extracts X X X X X X X X Extracts X X X X ..... . DAVE) The petitioner-firm is in business of crushing stones. The petitioner had paid sales tax under protest because the revenue authorities believed that crushing of stones is a manufacturing activity in view of law laid down by this court in the case of State of Gujarat v. Lina Traders, (1991) 82 STC 313. Ultimately, the Hon'ble Supreme Court in the case of Commissioner of Sales Tax, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... according to the respondent authorities, the provision with regard to payment of interest on the refund had been enacted under sec. 54(1)(aa) of the Gujarat Sales Tax, 1969 (hereinafter referred to as 'the Act'), which came into force with effect from 1.4.1993 and, therefore, it would be applicable only to Assessment Year 1993-94 and onwards. 4. Thus, it is the case of learned AGP Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned AGP, sec. 54(1)(aa) of the Act makes it obligatory on the part of the government to pay interest on the amount of refund only from the Assessment Year 1993-94. 7. Looking to the law laid down by the Hon'ble Supreme Court in the case of Sandvik Asia Ltd. v. Commissioner of Income-tax-I, Pune and others, JT 2006 (2) SC 7, it has been held that the assessee should be compensated by payme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eipt of writ of this court. If the amount is not paid within two months from the date of receipt of the writ by the concerned respondent, the petitioner shall be entitled to interest @ 15% p.a. after completion of two months from the date of receipt of the writ. 8. In view of the above direction, the petition stands disposed of as allowed. Rule is made absolute to the above extent with no order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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