M/S Shalimar Agarabatti Company vs. Assistant Commissioner Of
Held
The Court held that the Assistant Commissioner was not the 'refunding authority' for processing interest on refunds. The petitioner was directed to submit their representation to the competent refunding authority.
Facts
The petitioner sought interest on a refund of excess input tax credit, which was initially assessed as an amount to be carried forward but later corrected via corrigendum to be a refund. The assessing authority declined to process the interest claim.
Key Issues
Whether the assessing authority is competent to process interest on a refund, and if not, to which authority the claim should be directed.
Sections Cited
Section 39(1), Section 50
AI-generated summary — verify with the full judgment below
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.54889/2018 (T – RES )
BETWEEN
M/S SHALIMAR AGARABATTI COMPANY A PARTNERSHIP CONCERN REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, HAVING ITS OFFICE AT NO.32, 33, III CROSS, SRIRAMPURAM, BENGALURU – 560 021 REPRESENTED BY ITS PARTNER SRI ALKESH V. SHAH ... PETITIONER (BY SRI SYED KHAMRUDDIN, ADVOCATE (VIDEO CONFERENCING))
AND
ASSISTANT COMMISSIONER OF COMMERCIAL TAXES (AUDIT) 1.2,
DIVISION – 1, 3RD FLOOR, B.M.T.C. COMPLEX,
YESAVANTAPURA, BENGALURU – 560 022. 2. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF FINANCE,
M.S.BUILDING,
BENGALURU – 560 001. ... RESPONDENTS
2 (BY SRI VIKRAM A.HUILGOL, AGA (PHYSICAL HEARING))
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGENDD ENDORSEMENT DAT: 20.9.2018 [ANNEXURE – A] REFUSING TO COMPUTE INTEREST UNDER SECTION 50 OF KARNATAKA VALUE ADDED TAX, 2003 FOR DELAY IN REFUND OF THE EXCESS INPUT TAX CREDIT AS PER FORM 100 FOR THE PER
The judgment continues below.
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