M/S. Sethi Enterprises vs. The Commercial Tax Officer
Held
The Court held that the petitioner is entitled to interest on the delayed refund of excess ITC. The respondents were directed to refund the balance amount along with interest at 12% per annum.
Facts
The petitioner sought a refund of excess Input Tax Credit (ITC) available as of March 31, 2014. While a portion of the refund was paid after the writ petition was filed, a balance remained, and the petitioner also claimed interest on the delayed refund.
Key Issues
The primary issue was whether the petitioner was entitled to interest on the delayed refund of excess Input Tax Credit, considering the relevant provisions of the A.P. Value Added Tax Act, 2005.
Sections Cited
Section 38
AI-generated summary — verify with the full judgment below
THE HON’BLE SRI JUSTICE M. SEETHARAMA MURTI AND THE HON’BLE MS. JUSTICE J.UMA DEVI
Writ Petition no.32149 of 2018
JUDGMENT: (Per Hon’ble Sri Justice M.Seetharama Murti)
This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking verbatim the following relief:
‘..to issue an appropriate Writ, Order or Direction more particularly in the nature of MANDAMUS directing the Respondents to refund the amount of Rs.12,31,685/- being the excess Input Tax Credit available as on 31-03-2014 and which was not carried forward to the next month, as refund claimed by the Petitioner, with interest as per S.38 of the A.P. Value Added Tax Act, 2005, to the Petitioner and pass such other order or orders as may be deemed fit and proper in the circumstances of the case and in the interests of justice.’
We have heard the submissions of Sri G.Narendra Chetty, learned counsel appearing for the petitioner; and, of the learned Government Pleader for Commercial Taxes appearing for the respondents. We have perused the material record.
The issue involved in this writ petition is with regard to refund of the amount of R
The judgment continues below.
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Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.