9911796707
TMI Blog2022 (5) TMI 1197X X X X Extracts X X X X X X X X Extracts X X X X ..... Advs. Respondent Through: Mr. Satyakam, Advocate. [Physical Hearing/Hybrid Hearing (as per request)] RAJIV SHAKDHER, J. (ORAL): 1. The substantive prayers made in the writ petition read as follows: "(a) direct the respondent to grant refund of Rs.10,91,642/- for the fourth quarter of 2016-17; (b) direct the respondent to grant interest on that refund in accordance with Section 42(1) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 05.2021 to 20-05-2022 i.e. 368 days. c) Rate of interest: 6% per annum; d) Amount of interest per day: Rs. 179.44/- e) Total amount of interest issued: Rs. 66,037/-." 3. According to Mr Satyakam, the assessment order in the petitioner's case concerning financial year 2016-17 was passed on 16.03.2021 and, therefore, the calculation of interest has been triggered two months henceforth i.e., f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 38(7)(d) of the DVAT Act the delay in furnishing the declaration i.e. C-Forms, will have to be factored in while calculating interest. 4.2. Mr Jain, on the other hand, contests this position. He has drawn our attention to the explanation appended to the second proviso to Section 42(1) of the DVAT Act. According to Mr Jain, interest would run from the date adverted to in Section 38(3)(a)(ii) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Taxes & Anr. vs. Vizien Organics has stayed the operation of the aforementioned judgment rendered by the coordinate bench. 6. Therefore, as was the methodology adopted by another coordinate bench of this Court via order dated 27.02.2019, passed in W.P.(C.) No.13929/2018, titled Turbo Tapes Industries vs. Commissioner of Value Added Tax, and order dated 18.09.2017, passed in W.P.(C.) No.8290/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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