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november 2002

Supreme Court of India · 2002-11-27

TATA REFRACTORIES LTD. vs SALES TAX OFFICER .

Citation / case number
SC 2002/564
Court
Supreme Court of India
Petitioner
TATA REFRACTORIES LTD.
Respondent
SALES TAX OFFICER .
Author
SANTOSH HEGDE
Bench
N.SANTOSH HEGDE & B.P.SINGH.

Judgment text excerpt

The court addressed whether the procedural choice of filing a refund application under the Orissa Sales Tax Act disentitles a party from claiming interest granted by a High Court interim order under Articles 226 and 227. The dispute arose when the State denied interest payable upon the appellant's success in a Second Appeal, citing the statutory refund process. The legal issue centers on whether statutory provisions can override a specific judicial mandate for interest repayment issued by a High Court.

TATA REFRACTORIES LTD. vs SALES TAX OFFICER . · Niyam