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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.SONAK, JITENDRA JAIN
Anita Agarwal (Sole Proprietor of M/s. Shanker International) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner claims interest for delayed tax refund. (Para 3 , 4 , 5) |
| 2. respondents argue no delay attributed to them. (Para 6) |
| 3. delays in investigation affect refund process. (Para 8 , 12 , 14) |
| 4. section 56 mandates interest on delayed refunds. (Para 9 , 13) |
| 5. circulars outline timelines for refund investigations. (Para 10 , 11 , 15) |
| 6. petitioner entitled to interest for delayed refund. (Para 16 , 17) |
JUDGMENT :
Jitendra Jain, J.
1. Rule. The rule is made returnable immediately at the request and consent of the learned counsel for the parties.
2. By this petition under Article 226 of the Constitution of India, the Petitioner seeks interest on delayed payment of refund of tax as per Section 56 of the Central Goods and Services Tax Act, 2017 (“CGST Act”).
Brief facts :-
3. The Petitioner is an exporter and supplier of Ethyl Alcohol Liquid Packaging Film, Iodized salt, etc. On export of the goods, the Petitioner makes payment of Integrated Goods and Services Tax (“IGST”) and claims the refund of same based on shipping bills as per the provisions of Section 16(3) of IGST Act read with Section 54 of CGST Act and Rule 96 of CGST Rules.
4. During the period August 2018 to Jul
The court affirmed the right to interest under Section 56 of the CGST Act for delays in tax refunds and established that such delays, due to administrative inaction, should not detrimentally affect t....
Interest on delayed refunds under the CGST Act is automatic and obligatory, reinforcing the beneficial nature of the legislation.
The court affirmed the mandatory obligation under Section 56 of the GST Act for authorities to grant interest on delayed refunds, emphasizing that such interest is compensatory and should not be deni....
Interest on tax refund is payable if not refunded within 60 days, calculated from the date of a complete application.
The interest would be payable in terms of the provisions of the statute and any delay in paying the compensation or the amounts due would attract award of interest at a reasonable rate on equitable g....
The main legal point established in the judgment is that the applicant is entitled to interest from the date immediately after the expiry of sixty days from the date of the first application for refu....
Section 11BB does not speak about or exempts any delay which is not intentional. The section does not distinguish delay which is intentional and delay which is unintentional. Once there is delay in p....
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