Case Law Details
Tarapore & Co. Vs Commissioner of Trade & Taxes & Anr (Delhi High Court)
In a recent judgment, the Delhi High Court addressed the issue of delayed refund under the Delhi Sales Tax Act in the case of Tarapore & Co. vs. Commissioner of Trade & Taxes & Anr. The petitioner sought a refund of Rs. 20,18,729/- along with statutory interest, which was not granted by the department.
1. Refund Order: An assessment order in favor of the petitioner was passed, entitling them to a refund of Rs. 20,18,729/- under Section 16 of the Delhi Sales Tax Act, 1975.
2. Delayed Refund: Despite the assessment order, the refund was not granted to the petitioner until 18.05.2022, and no interest was provided for the delay.
3. Legal Provisions: Section 30(4) of the Act stipulates that if a refund is not made within 90 days from the date of the claim, the person is entitled to interest at 1% per month for the first month and 1.5% thereafter.
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