9911796707
TMI Blog2024 (5) TMI 928X X X X Extracts X X X X X X X X Extracts X X X X ..... 48,20,533/-, whereas all the subsequent facts as pointed out by learned counsel for the respondents are for the assessment proceedings which started from 2014-15 to 2017-18. The subsequent aspects and facts would not deprive the assessee for the benefit of interest on the excess ITC which accrued to him on the refund amount for the period from 2010-11 to 2013-14, and the same was not released after moving application for refund dated 27.11.2020. Hence when the application moved on 27.11.2020, it was binding upon the respondents to have released the interest on the accrued amount after sixty days from the date of application on account of non-payment of refund, which admittedly has not been done. Even the assessment proceedings which they in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Application dated 14.10.2022 (Annexure P-15) filed in Form VAT-29 by the petitioner to which it has been found entitled in view of the order passed by the Ld. Deputy Excise and Taxation dated 07.07.2022 (Annexure P-14) and also on account of excess ITC as reflected in VAT 20 for the assessment year 2017-18 (Annexure P-18), which has not been issued till date though despite various written requests reminding the respondent no. 3 to issue refund forthwith Moreover, the 60 days as per rule 52 (10) of the Punjab VAT Rules, 2005 for issuing a refund had already been expired; AND/OR (ii) any other appropriate writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case" 3. Learned couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17 and 2017-18. The same were framed vide order dated 20.02.2023 determining an excess of a sum of Rs. 41,21,072/-. Thereafter, another application for refund of excess ITC was moved on 24.02.2023 which was allowed on 16.03.2023. Thus, he submits that the interest on the refund of excess ITC would be accruable only after expiry of sixty days of the last application moved i.e. 24.02.2023, and interest from expiry of sixty days of 27.11.2020 is not payable. 5. Learned counsel also relies on judgment passed by the Supreme Court in the case of Ranbaxy Laboratories Ltd. vs. Union of India and others, (2011) 10 SCC 292, "17. We, thus find substance in the contention of the learned counsel for the assessee that in fact the issue stands conclud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s." 6. We have considered the submissions. 7. Rule 52 of the Punjab VAT Rules, lays down the procedure for refund. As per Rule 52(10), the refund voucher in form VAT-30 or refund adjustment order in form VAT-30A, shall be issued within a period of sixty days from the date of submission of application for refund as provided under Rule 52(9). It would be apposite to quote the said Rule for the said purpose: "52. PROCEDURE FOR REFUND (9) (a) Persons or organizations listed in Schedule-G, may apply to the designated officer for the refund of tax in Form VAT-29A (b) The refund, shall be granted only on certification given by the person or the Chief of the organization that the goods are purchased for use in the official functioni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following the expiry of the period of sixty days to the date of the refund. EXPLANATION. (1) If the delay in granting the refund within the aforesaid period of sixty days) is attributable to the taxable person or the registered person, as the case may be, whether wholly or in part, the period of the delay attributable to him, shall be excluded from the period for which interest is payable. (2) Where any question arises as to the period to be excluded in terms of Explanation (1), for the purposes of calculation of interest, such question shall be determined by the Commissioner, whose decision shall be final. (3) Interest under this section, shall be calculated by considering part of the month as one month." 9. A joint reading ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be said that they were in any manner correct in withholding the said refund application. 13. Subsequent adjustment of the amount for the assessment years 2015-16, 2016-17 and 2017-18 would not, in any manner, deprive the assessee of the interest or the refund amount which accrued on 27.11.2020. 14. However, we would not comment on the procedure adopted at this stage, and the final amount of excess paid on Rs. 41,21,072/- after adjusting the assessments up to the year 2017-18, does not warrant any interference. 15. So far as payment of interest is concerned, the same accrued from the date the first application was moved i.e. 27.11.2020 on the total amount of Rs. 48,20,533/-. The interest as payable under Section 40 of the Act woul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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