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TMI Blog2014 (10) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... , be entitled to receive, in addition to the said amount, simple interest at the specified rates - the Value Added Tax Act which is substituted by the Sales Tax Act also has a similar provision for statutory interest - the respondents cannot avoid the liability of paying the refund with statutory interest - petition allowed - decided in favor of petitioner. - SPECIAL CIVIL APPLICATION NO. 12713 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h pressure natural gas. For the assessment year 2002-2003, the question of purchase tax on petitioner s such purchases cropped up before the assessing authority. The case of the respondents was that the petitioner must pay the purchase tax under section 15B of the Gujarat Sales Tax Act. 1969 on the natural gas so purchased. However, the assessing authority after considering the issues, passed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that the refund though ordered by the assessing authority, was withheld for nearly five years. Such representation therefore, must carry statutory interest. Section 54 of the Gujarat Sales Tax Act, 1969 provides for statutory rate of interest on delayed refunds. Counsel relied on a decision of this Court in case of Krishak Bharati Cooperative Limited v. State of Gujarat ors. Dated 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing before the Supreme Court. The same was again presumably released when under somewhat similar circumstances, this Court in case of Krishak Bharati Cooperative Limited(supra), held that mere pendency of similar issue before the Supreme Court in unconnected proceedings, would not authorise the department to withhold the refund when order of assessment has become final. Such refund was made howeve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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