Frick India Ltd. and Anr. v. State of Haryana and Ors.
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
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.