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RAJIV SHAKDHER, TARA VITASTA GANJU
Commissioner of Trade And Taxes – Appellant
Versus
Corsan Corviam Construction S. A. -sadbhav – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
TABLE OF CONTENTS
Preface:
Submissions of the Counsels:
Reasons and Analysis:1/2
Conclusion:
Rajiv Shakdher, J.
Preface:
1. The above-captioned statutory appeal is preferred by the revenue and is directed against the order dated 20.06.2022 passed by the Delhi Value Added Tax Appellate Tribunal, Delhi [hereafter referred to as "Tribunal"]. The Tribunal, via order dated 20.06.2022, ruled in favour of the respondent, i.e., Corsan Corviam Construction SA-Sadbhav Engineering Ltd. JV, [hereafter referred to as "the assessee"]. Thereafter, the assessee was impelled to file the above-captioned writ petition, as the order dated 20.06.2022 was not being implemented by the revenue.
2. The two actions, thus, centre around the issue concerning the assessee's claim for interest on an amount which stands already refunded. The assessee claims interest for the period commencing from the date when two months elapsed [which in turn would commence from the date when the return was filed], and running till the date when the refund was paid. This relief is sought by the assessee in terms of the provisions of Section 38(3)(a)(ii) read with Section 42
The main legal point established in the judgment is that the right to interest on a refunded amount accrues to the assessee on the date specified in Section 38(3)(a)(ii) of the Delhi Value Added Tax ....
The main legal point established is that the refund under the DVAT Act should be processed within the stipulated period, and interest is payable from the date the refund was due to be paid.
State authorities are mandatorily required to pay interest on delayed tax refunds at the prescribed rate once the statutory limit for processing passes. Procedural failures in notification or record-....
The main legal point established in the judgment is that the words 'amount of refund' in Section 244A(1)(a) must be given their natural meaning, entitling the appellant to interest on the whole refun....
Taxpayers are entitled to interest on refunds under Section 244A of the Income Tax Act, and this does not constitute 'interest on interest'.
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