Case Law Details
Commissioner of Trade And Taxes Vs Corsan Corviam Construction S.A. (Delhi High Court)
Delhi High Court held that there is no requirement to file a fresh claim under DVAT 21 as the claim of refund was embedded by the assessee in its return.
Facts- The two actions, thus, centre around the issue concerning the assessee’s claim for interest on an amount which stands already refunded. The assessee claims interest for the period commencing from the date when two months elapsed [which in turn would commence from the date when the return was filed], and running till the date when the refund was paid. This relief is sought by the assessee in terms of the provisions of Section 38(3)(a)(ii) read with Section 42 of the Delhi Value Added Tax Act, 2004 [hereafter referred to as the “2004 Act”].
The rate at which interest could possibly be granted, even as per the assessee, would be simple interest at the rate notified by the Government; to be computed in accordance with the provisions of Section 42 of the 2004 Act.
The revenue, on the other hand, claims that since the refund arose in favour of the assessee, pursuant to the order dated 26.08.2019 passed by the Objection Hearing Authority, [in short, “OHA”], the interest would run from the date when a claim for refund is made. The claim for refund, according to the revenue, is required to be made in the prescribed form, i.e., DVAT-21.
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