The Court held that the Commissioner has powers to first apply excess amount towards recovery of any...

The Court held that the Commissioner has powers to first apply excess amount towards recovery of any other dues under the DVAT Act. Section 38(3)(a)(i) & (ii) clarify interest accrual timeline on delayed refunds based on tax period being monthly or quarterly. If notice u/s 58 or additional information u/s 59 is sought, refund is carried forward as tax credit. Filing DVAT-21 is not required once refund claim is in return itself. No delay was attributable to the petitioner, and statutory timeframe for refund had elapsed. Subsequent proceedings like Section 59(2) notice and default assessment order were non-est. Interest u/s 42(1) cannot be denied merely due to investigation or legal issues ultimately decided in petitioner's favor. At 6% interest rate, impugned orders were set aside, and petition allowed. .....

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