High Court Punjab-Haryana High Court

Sukhwinder Singh vs State Of Haryana And Others on 16 December, 2009

Punjab-Haryana High Court
Sukhwinder Singh vs State Of Haryana And Others on 16 December, 2009
           IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                               CHANDIGARH.

                           CWP No. 15730 of 2009

                    Date of Decision: December 16, 2009

Sukhwinder Singh

                                                                ...Petitioner

                                    Versus

State of Haryana and others

                                                             ...Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR

             HON'BLE MR. JUSTICE JASWANT SINGH

Present:     Mr. A.K. Sachdeva, Advocate,
             for the petitioner.

             Mr. Kamal Sehgal, Addl. AG, Haryana,
             for the respondents.

1.    To be referred to the Reporters or not?
2.    Whether the judgment should be reported in
      the Digest?


M.M. KUMAR, J.

The claim made by the petitioner in the instant petition filed

under Article 226 of the Constitution is for issuance of direction to the

respondents to refund a sum of Rs. 16,25,295/- as determined by the

Assessing Authority-respondent vide order dated 12.6.2009 (P-4) under the

Haryana Value Added Tax Act, 2003 (for brevity, ‘the Act’) in respect of the

assessment year 2003-04. The prayer has also been made for payment of

interest for the delay in making refund.

In the short written statement filed by the Assessing Authority-

respondent No. 2 it has been stated that the refund voucher amounting to Rs.

16,25,295/- has been issued to the petitioner on 9.12.2009. It has further
C.W.P. No. 15730 of 2009 2

been clarified that the refund under sub-section (4) of Section 20 of the Act is

required to be allowed after prior approval of the Excise and Taxation

Commissioner which is the prescribed authority and the approval was finally

accorded on 30.11.2009. It has, thus, been claimed that no interest under

sub-section (10) of Section 20 of the Act would be admissible to the

petitioner.

We asked Mr. Kamal Sehgal when the refund voucher was

handed over to the petitioner. He has clarified that the refund voucher was

sent to the petitioner but he was not available and then his son refused to

accept the same. Mr. Sehgal states that the refund voucher is with him and he

has handed over the same to the learned counsel for the petitioner. With

regard to interest in terms of sub-section (10) of Section 20 of the Act, Mr.

Sehgal has stated that after the amendment incorporated on 20.3.2009, the

period of 60 days is to count from the date of approval accorded by the

prescribed authority, which in the present case was Excise and Taxation

Commissioner. The approval was accorded on 30.11.2009 and the refund

voucher has been issued to the petitioner and handed over to his learned

counsel within a period of 60 days and, therefore, no interest would accrue as

there is no delay in terms of the amended provision.

In view of the above, this petition is rendered infructuous and

the same is disposed of as such.




                                                       (M.M. KUMAR)
                                                          JUDGE




                                                   (JASWANT SINGH)
December 16, 2009                                       JUDGE

Pkapoor