A
FRICK INDIA LTD. AND ANR.
v.
STATE OF HARYANA AND ORS.
MAY 13, 1994
B
[M.N. VENKATACHALIAH,.CJ., A.M. AHMADI, J.S. VERMA,
G.N. RAY AND S.P. BHARUCHA, JJ.]
Haryana General Sales Tax Act, 1973/Central .Sales Tax Act, 1956 :
Section 6,25(5}-Notice dated 12.2.1986-Purchase tcw-Levy of interest on
C additional amount found due-Held: the amount of interest collected from ·
assessees to be refunded with interest at 12% per annum.
D
The petitioners filed the writ petitions challenging· the levy of
interest on the purchase tax under the Haryana General . Sales Tax Act,
1973.
Allowing the writ petition In view of the decision In J.K. Synthetics
case*, this Court.
HELD : The amount of Interest levied on collected from the
petitioners under the Haryana General Sales Tax Act, 1973 as well as the
E
Central Sales Tax Act, 1956 shall be refunded to the petitioners with
Interest at 12% per annum from the date of actual recovery till refund.
[135-B·CJ
F
*J.K Synthetics Ltd. v. The Commercial Taxes Officer, [1994) 4 SCC
277, applied.
CIVIL ORIGINAL JURISDICTION : Writ petition (C) No. 1235 of
1986.
.
Under Article 32 of the Constitution of India.
G
Harish N. Salve Ashok Sen, Ravider Narain, Ms.·Amrita Mitra, D.N.
Misra, for JBD & Co., Ms. Meenakshi Grover, Ms. Poonarn Madan,
Krishna Kumar, Bhaskar Raj Pradhan for Khaitan & Co., A.P. Dhamija,
S. Atreya, N.D.B. Raju, S.K. Jain, Ms. Nisha Bagchi, Ms Ayes~a Khatri,
Ms. Indu Malhotra, Ms. Kusum Chaudhary and Aruneshwar Gupta for the
H appearing parties. ·
134
FRICKINDIALTD. v. STATEOFHARYANA[AHMADl,l.]
135
The Judgment of the Court was delivered by
AHMADI, J. In view of the decision rendered by the Constitution
Benchin/.K Synthetics Ltd v. The Commercial Taxes Officer(CivilAppeal
Nos. 3414-16/82, decided on May 9, 1994), since the relevant provisions of
A
the Haryana General Sales Tax Act are analogous to those of the Rajasthan
Sales Tax Act, this plllitiqn must also succeed. We, therefore, allow this B
petition and direct that the amount of interest levied and collected from
the petitioners under the Haryana General Sales Tax Act as well as the
Central Sales Tax Act shall be refunded to the petitioners within three
months from today with interest at 12% per annum from the date of actual
recovery till refund. There will, however, be no order as to costs in the facts C
and circumstances of the case. CMP will also stand disposed of.
R.P.
Petition allowed.
Lex