Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
PRANAV TRIVEDI, BHARGAV D. KARIA
Vineet Polyfab Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
BHARGAV D. KARIA, J.
1. Heard learned advocate Ms. Himanshi Patwa for learned advocate Mr. Anandodaya Mishra for the petitioner, learned advocate Mr. Parth Mehta for learned Senior Standing Counsel Mr. Ankit Shah for respondent No.1, learned Senior Standing Counsel Mr. C.B.Gupta for respondent Nos. 2 and 3 and learned Assistant Government Pleader Ms. Shrunjal Shah for respondent Nos. 4 and 5.
2. Rule returnable forthwith. Learned advocates for the respondents waive service of notice of rule.
3. Learned advocate Ms. Himanshi Patwa for the petitioner, at the outset, submitted that after filing of the petition before this Court, the respondent-authorities have sanctioned the refund pursuant to the refund claim made by the petitioner, however, no interest is awarded to the petitioner as per the provision of section 56 of the Central/State Goods and Service Tax Act, 2017 (for short ‘the GST Act’). It was prayed by learned advocate for the petitioner to direct the respondent- authority to pay interest as per the provisions of the Act.
4. Brief facts of the case are as under:
4.1 The petitioner filed 05 Shipping Bills of Polyester draw texturised yarn at Hazira Port, details of which
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....
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.
Interest on tax refund is payable if not refunded within 60 days, calculated from the date of a complete application.
The petitioner is entitled to interest at 6% per annum on delayed refund from the date of application, as per statutory provisions of the Customs Act.
The main legal point established in the judgment is that a petitioner is entitled to an IGST refund for zero-rated supply exports under the relevant provisions of the IGST Act and CGST Act, despite a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
