If the Supreme Court determines that the assessment or tax is excessive, it shall reduce the same or if it is insufficient, it shall increase the same. Unless the taxes so assessed or ascertained were paid under protest, when due, the Court, if it disallows the claim, on the appeal of the taxpayer, shall, in upholding the assessment, give judgment against such taxpayer for the taxes so assessed and ascertained and for a sum, by way of damages, equal to interest at the rate of one percent a month upon the amount of the taxes from the time the same were payable.
If the decision is in favor of the taxpayer, in whole or in part, appropriate relief shall be granted, including the right to recover any excess of taxes that have been paid, with legal interest thereon and with the costs incurred by such taxpayer, from the Commonwealth or local authorities, or both, as the case may be, the judgment to be enforceable by mandamus or other proper process issuing from the Court.
If the decision be in favor of the Commonwealth or of any county, city or town, appropriate relief shall be granted and enforced by mandamus or other proper process issuing from the Court.
The Court may, when deemed proper so to do, return the case to the Commission for further proceedings, either by way of hearing or for appropriate remedy.
Code 1950, § 58-680; 1984, c. 675.
Structure Code of Virginia
Chapter 26 - Taxation of Public Service Corporations
§ 58.1-2603. Local levies to be extended by commissioners of the revenue; copies; forms
§ 58.1-2604. Assessed valuation
§ 58.1-2606.1. Local taxation for solar photovoltaic projects five megawatts or less
§ 58.1-2607. Local taxation of real and tangible personal property of railroads
§ 58.1-2608. State taxation of railroads, telecommunications companies
§ 58.1-2610. Penalty for failure to file timely report
§ 58.1-2611. Penalty for failure to pay tax
§ 58.1-2626. Annual state license tax on companies furnishing water, heat, light or power
§ 58.1-2626.1. The Virginia Coal Employment and Production Incentive Tax Credit
§ 58.1-2627.1. Taxation of pipeline companies
§ 58.1-2629. License taxes of corporations commencing business
§ 58.1-2630. Gross receipts in cases of acquisition of business
§ 58.1-2631. Gross receipts in cases of consolidation or merger
§ 58.1-2633. Assessment by Commission
§ 58.1-2634. Copies of assessment forwarded to interested parties
§ 58.1-2635. Date of payment of taxes
§ 58.1-2636. Revenue share for solar energy projects and energy storage systems
§ 58.1-2652. State tax on rolling stock; date of payment
§ 58.1-2653. Annual report of railroads and freight car companies
§ 58.1-2654. Annual report of motor vehicle carriers
§ 58.1-2654.1. Penalty for failure to properly file annual reports
§ 58.1-2655. Assessment by Department and Commission
§ 58.1-2656. Valuation of sidetracks, double tracks, etc.
§ 58.1-2657. Copies of assessments to be furnished to taxpayer and local officials
§ 58.1-2658. Distribution of certain taxes collected; prohibition of certain local taxes
§ 58.1-2658.1. Distribution of certain taxes collected
§ 58.1-2659. Article not applicable to companies exempt by federal laws
§ 58.1-2660. Special revenue tax; levy
§ 58.1-2662. Computation of revenue tax on railroads
§ 58.1-2662.1. Gross receipts of telephone and telegraph companies
§ 58.1-2662.2. Gross receipts of companies furnishing water, heat, light or power
§ 58.1-2663. How taxes assessed, collected and paid
§ 58.1-2664. When taxes not to be assessed or assessed only in part
§ 58.1-2665. Use of taxes collected under this article
§ 58.1-2670. Application to Commission or Department for review
§ 58.1-2670.1. Application to court to correct erroneous local assessment ratio
§ 58.1-2671. Setting for hearing and notice to adverse parties
§ 58.1-2672. Review on motion of Commission
§ 58.1-2673. Correction after hearing or investigation; proceedings for enforcement
§ 58.1-2674. Notice to Commonwealth
§ 58.1-2674.1. Application for correction of certification to Department of Taxation
§ 58.1-2675. Appeals to Supreme Court
§ 58.1-2676. Action of Supreme Court thereon
§ 58.1-2680. Reports to include location by districts, etc.
§ 58.1-2681. Copies of assessment for local officials; contents
§ 58.1-2682. District boundaries to be furnished company and Commission