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HARISANKAR V. MENON
AYSHATH HAFEEDA W/O MOHAMMED HANEEF – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
HARISANKAR V. MENON, J.
1. The petitioner participated in an auction conducted under the provisions of the Kerala Revenue Recovery Act, 1968 (the ‘RR Act’ for short), for realisation of some tax arrears payable by one Sri.Muhammad Abdul Rahiman, who was an assessee under the provisions of the Kerala Value Added Tax Act, 2003 (the ‘KVAT Act’ for short). The petitioner was the successful bidder, and an amount of Rs.1,57,800/- was paid by the petitioner on 07.03.2013 towards 15% of the total bid amount. The balance Rs.8,94,200/- was paid on 22.03.2013. Put together, an amount of Rs.10,52,000/- was admittedly paid by the petitioner. On the petitioner making the payments as above, Ext.P3 gazette publication was issued with reference to the provisions of Section 57 of the ‘RR Act’ as per which, the petitioner herein is declared to have succeeded to the rights of Sri. Muhammad Abdul Rahiman referred to above. It is also to be noticed that the petitioner was, however, not given possession pursuant to Ext.P3. In such circumstances, the petitioner preferred W.P. (C) No. 29577 of 2018 before this Court for appropriate reliefs. By Ext.P4 judgment, this Court disposed of the above writ
A successful bidder in a public auction under the RR Act is entitled to interest on the refunded amount when the sale is cancelled, based on equitable considerations.
Provision of law providing for interest on delayed payment of refund would apply to only those cases that fall under the purview of section 40(1) of the VAT Act and to no other. That is the plain eff....
Interest under Section 8(1-A) of the U.P. Sales Tax Act arises automatically upon tax default without needing a separate assessment or demand notice.
The main legal point established in the judgment is that the right to interest on a refunded amount accrues to the assessee on the date specified in Section 38(3)(a)(ii) of the Delhi Value Added Tax ....
The main legal point established in the judgment is that the confirmation of sale by the secured creditor is essential, and in the absence of such confirmation, no default can be attributed to the bi....
The importance of disclosing material facts and complying with the time limits for filing applications to set aside auction sales under the Kerala Revenue Recovery Act.
Valid recovery procedure mandates consideration of market values and resolution of dues to prevent unjust property dispossession.
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