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ARUN BHANSALI, ASHUTOSH KUMAR
Baba Super Minerals Private Limited – Appellant
Versus
Union of India – Respondent
ORDER :
These petitions have been filed by the petitioner aggrieved of non-payment of the interest on refund and the Appellate Authority not adjudicating the issue on the said aspect, raised by the petitioner.
2. Submissions have been made that the petitioner, being entitled to seek refund, made applications, seeking refund, by submitting the Form GST RFD-01A and Refund ARN receipt.
3. The respondents pointed out the deficiencies in three cases and the deficiencies were rectified by the petitioner, whereafter acknowledgment has been issued, however, while granting the refund, the interest, to which the petitioner was entitled under Section 56 of the Central Goods and Services Tax Act, 2017 ('the Act of 2017'), was not ordered to be paid.
4. Feeling aggrieved, the petitioner approached the Appellate Authority, inter-alia, on the said aspect, however, the Appellate Authority also did not deal with the said aspect.
5. Learned counsel for the petitioner, with reference to the provisions of Section 56 of the Act of 2017, made submissions that the petitioner was entitled to interest from the 60th day of making the application, seeking refund. Admittedly, the amount of refund has been paid to
Interest on tax refund is payable if not refunded within 60 days, calculated from the date of a complete application.
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....
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 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....
The court establishes that tax authorities must issue refund orders within sixty days as mandated by statute, failing which, interest and damages may apply.
The main legal point established in the judgment is the entitlement of a dealer to receive interest on the refund amount as per the provisions of section 38 of the VAT Act, and the requirement for th....
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