Zydus Healthcare Limited Vs Commissioner (Sikkim High Court)
Summary: Zydus Healthcare Limited, earlier M/s German Remedies, approached the Sikkim High Court seeking refund of ₹4 crore deposited on 17.12.2016 as ad-hoc “security paid under protest” with the Commercial Tax authorities. The writ petition also sought interest at 6% or another appropriate rate from the date of deposit and quashing of pending assessment and reassessment proceedings as time-barred under sections 38 and 42A of the Sikkim VAT Act read with section 6A of the CST Act.
During the proceedings, counsel for the petitioner informed the Court that the ₹4 crore amount had already been refunded. In view of the refund, the petitioner requested closure of the writ petition because negotiations between the parties were continuing concerning the remaining prayers relating to interest and withdrawal of the pending assessment and reassessment proceedings.
The petitioner sought liberty to approach the High Court again if aggrieved by the State’s action concerning those remaining issues. The Government Advocate appearing for the respondents agreed to this proposal.
Accordingly, the Sikkim High Court closed and disposed of the writ petition with liberty as prayed for. The Court therefore did not adjudicate the merits of the petitioner’s claims regarding interest or whether the pending assessment and reassessment proceedings were time-barred.
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