IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 9438 of 1999(W)
1. INDIAN OIL CORPN. LTD.
... Petitioner
Vs
1. THE ASST. COMMR. (ASSMT.)I,EKM.
... Respondent
For Petitioner :SRI.JOSE JOSEPH
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice B.P.RAY
Dated :08/11/2010
O R D E R
C .N. RAMACHANDRAN NAIR, &
BHABANI PRASAD RAY, JJ.
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O.P. No. 9438 & 7074 of 1999,
10777 of 1995 & 23379/2001
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Dated this the 8th day of November, 2010
JUDGMENT
Ramachandran Nair, J.
The issue raised that is interest payable under Section 23(3) is
covered by judgment in the case of very same company in O.P.No.
7483 of 1999 and connected cases. Following the said judgment, we
dispose of these OPs. directing the assessing officer to recompute the
liability for interest in accordance with the above judgment and by
giving credit for the payments on the date on which such payments
were made. A notice containing the details of proposal for levy of
interest should be communicated to the petitioners with reference to
the statutory provisions and judgment above referred and after giving
credit for the payments made, interest should be recomputed afresh
after giving opportunity to the petitioners to file objections with details
of remittances. In addition to credit being given to payments made,
excess payments, if any, available for refund from earlier years should
OP 9438/1999 and connected cases 2
also be adjusted against the demand and interest should be demanded
only for the net amount.
(C.N.RAMACHANDRAN NAIR)
Judge.
(BHABANI PRASAD RAY)
Judge.
kk
OP 9438/1999 and connected cases 3