9911796707
TMI Blog2019 (4) TMI 1916X X X X Extracts X X X X X X X X Extracts X X X X ..... of which, the amount deposited by the applicant was required to be returned to the applicant. The Department has provided refund of the principal amount along with interest from 10-8-2017 @ 10% in terms of Section 44(4) of the Kerala General Sales Tax Act, 1963. On bare reading of the order dated 27-1-2009, the applicant was directed to pay the amount equivalent to tax payable but that was to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n allowed. - Misc. Application No. 388 of 2019 in Civil Appeal No. 3758 of 2011 - - - Dated:- 24-4-2019 - A.M. Khanwilkar and Ajay Rastogi, JJ. Shri F.S. Nariman Gopinath Menon, Sr. Advocates, Ms. Meera Mathur, AOR, Subhash Sharma, S. Sukumaran, Anand Sukumar and Bhupesh Kumar Pathak, Advocates, for the Petitioner. Shri Jaideep Gupta, Sr. Advocate, G. Prakash, AOR, Jishnu M.L., Mrs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent as deposit till the matter is finally decided by the High Court and liberty was granted to the parties to apply to this Court for appropriate orders, if there be any occasion for the same. The relevant part of the judgment of this Court dated 28-4-2011 reads thus : 11. So far as the amount of ₹ 13,19,11,404/- (Rupees thirteen crores nineteen lakhs eleven thousand four hundred and fou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 1963 (for short KGSTA). 4. According to the applicant, however, the applicant ought to be paid interest @ 9% from the date of deposit of the amount until the same is refunded by the Department. 5. On bare reading of the order dated 27-1-2009, in our opinion, the applicant was directed to pay the amount equivalent to tax payable but that was to be treated as deposit with the Department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation in terms of prayer Clause (c). The necessary adjustments of ₹ 9,96,38,016/- (Rupees Nine Crore Ninety Six Lakh Thirty Eight Thousand Sixteen only), being the net interest remaining due and payable, be given against future liabilities of the applicant to pay tax under the Kerala Value Added Tax Act, 2003. 8. Application allowed in the above terms. - - TaxTMI - TMITax - CST, VAT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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