9911796707
TMI Blog2022 (11) TMI 995X X X X Extracts X X X X X X X X Extracts X X X X ..... interest under Section 42(3) of the TNVAT Act, 2006. 3. The case of the petitioner before this Court is that no doubt the petitioner has failed to file the returns for the month of June 2017 nevertheless the petitioner kept sending repeated reminders to the respondents to adjust tax from the refund ie., due to the petitioner in terms of the order dated 18.05.2017 of the Appellate Commissioner in A.P.No.180 of 2016 for the assessment year 2012-13. As per the aforesaid order, the petitioner was entitled for refund of Rs.24,19,835/-. 4. It is further submitted that the petitioner kept sending repeated reminders and despite the aforesaid reminders, the petitioner was issued with an order dated 31.05.2019 by the 3rd respondent, whereby the am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that the appeal against the order of the Appellate Commissioner was also dismissed by the Tribunal on 09.01.2013 in Appeal No. 371 of 2018 for the aforesaid assessment year and no further appeal was preferred by the Revenue before this Court. It is submitted that since the issue had attained finality and since the petitioner's aforesaid amount was lying with the respondents, there is no justification in levying interest. 7. Opposing the prayer, the learned Government Advocate for the official respondents submits that there is a statutory appeal before this Court under Section 59 of the TNVAT Act, 2006 and since the petitioner has failed to file a statutory appeal before this Court, this writ petition is liable to be dismissed by gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted the same and is amenable for the tax liability arrived at therein. Since the petitioner's amount was already with the respondent Department, the imposition of interest under Section 42(3) of the Act at 2% per annum appears to be unreasonable and unwarranted. On the contrary, after adjustment of the aforesaid amount, the respondents should have refunded the balance amount of Rs.6,26,404/- together with interest at 2% in terms of Section 42 (5) of the aforesaid Act. 12. Under these circumstances, I am inclined to allow this writ petition with a direction to the 3rd respondent to refund a sum of Rs.6,26,404/- together with interest at 2% from the date of 1st July 2017. This exercise shall be completed by the 3rd respondent within ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
