Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1947 Section 14(c) Orissa Sales Tax Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Sales Tax Assessment-Raising of extra demands-Appeal rejected by Revenue-Appeal to Tribunal-Authority issuing notice of attachment against assessee during pendency of the appeal before the Tribunal-Challenge to-- Vacating the notice of attachment, High Court directed assessee to deposit certain amount and that assessee could claim refund, if any, due to him with interest thereon-Assessee filing an application for stay before the authority concerned-Authority directed assessee to deposit certain amount-Challenge to-High Court affirmed the order, however, reduced the amount to be deposited-Tribunal disposed of the pending appeal by remanding the matter to authority concerned-Authority directed to refund entire amount deposited by the assessee-Refund of amount along with interest by the authority-Rate of interest-Challenge to-High Court directed that in the absence of any specific direction of payment of interest by the High Court, the assessee was entitled to claim interest as per provisions of section 14(c) of the Act-Cross appeals-Held: Taking into consideration usual rate of interest being granted in cases involving refund of money, interest @ 12% on the sum deposited earlier would be appropriate-However, on the sum deposited later, there was no direction by the High Court as to refund or about the rate of interest- Under the circumstances, interest @ 9% would be appropriate-Directions issued. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 114 |
Petitioner | Commissioner, Commercial And Sales Taxes And Ors |
Respondent | M/s. Orient Paper Mills And Anr |
SCR | [2004] 2 S.C.R. 451 |
Judgement Date | 2004-02-17 |
Case Number | 1084 |
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