State of Hp v. Tritronics India Pvt. Ltd.

State of HP vs. M/s Tritonics India

CMP No. 14580 of 2025 in CR No. 35 of 2021

25.09.2025 Present : Mr. Sushant Keprate, Additional Advocate General, for the petitioner/non-applicants.

Mr. R.L. Sood, Sr. Advocate with Ms. Sanjivini Sood, Advocate for the respondent/applicant.

CMP No. 14580 of 2025

Learned Additional Advocate General has placed on record the instructions dated 22.9.2025 received from the Deputy Commissioner of State Taxes and Excise (Enforcement), South Zone, Parwanoo, District Solan stating therein that balance interest amounting to Rs.23,50,515/- has been granted in favour of petitioner.

According to instructions, imparted to learned Additional Advocate General, the entire amount, payable as interest, stands granted in favour of petitioner.

Learned counsel for petitioner submits that the refund in present case is in terms of Statute i.e. The Himachal Pradesh Value Added Tax Act, 2005, in which rates of interest have been specified in Section 28, Sub-section (2), which provides that for the first month, rate of interest shall be at the rate of 1% per month and thereafter, it shall be 1.5% per month till the realization made.

Learned counsel for petitioner, referring judgment passed by the Apex Court in Larsen Air Conditioning and Refrigeration Company vs. Union of India reported in ( 2023)15 SCC 472 submits that where rate of interest has been specifically prescribed in the Statute,