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RITU BAHRI, MANISHA BATRA
Excise and Taxation Commissioner, Panchkula – Appellant
Versus
Balaji Motors, Hisar – Respondent
| Table of Content |
|---|
| 1. overview of the case and tax demand details (Para 1) |
| 2. details of the tax assessment and interest demand (Para 2 , 3 , 4 , 5) |
| 3. discussion on precedent cases and applicability (Para 6 , 7) |
| 4. counterarguments regarding interest liability (Para 8 , 9 , 10 , 12) |
| 5. court's rationale on assessing interest liability (Para 11 , 14) |
| 6. final judgment and directive on recalculating interest (Para 15) |
JUDGMENT
Ritu Bahri, J.
The revenue has come up in appeal against the order dated 03.02.2017 passed by Haryana Tax Tribunal (respondent No.2) in STA No. 293 of 2015-16 (Annexure A-4) whereby on an appeal filed by the respondent-assessee assailing order dated 30.10.2015 passed by the revisional authority Hisar creating additional demand of tax amounting to Rs.3,23,359/- and interest under Section 14 (6) of the Haryana Value Added Tax Act, 2003 (in short, the HVAT Act) has been allowed to the extent that interest on the above said demand amount is leviable from the date of order of the revisional authority and not from the date of filing of the return. Further direction has been given to the Assessing Authority to recalculate the interest on the additional demand.
2. Learned counse
The main legal point established in the judgment is that interest under Section 24(3) of the TNGST Act can be imposed only if an assessment has been framed, determining the additional turnover and ra....
Interest on tax is payable from the date of the first assessment order if not paid within the specified time.
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 ....
Interest cannot be imposed on a nil tax demand, and the principle of preventing double taxation must be upheld in sales tax assessments.
Section 80 of the OGST Act does not permit the grant of instalments for self-assessed tax liability shown in any return.
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