Interest is Payable for Excessive Refund Delay even if Statutory Provision is not Available: HC
- Blog|News|GST & Customs|
- < 1 minute
- By Taxmann
- |
- Last Updated on 8 June, 2023
Latest from Taxmann
Case Details: Sesame Workshop Initiatives (India) (P.) Ltd. v. Union of India - [2023] 151 taxmann.com 52 (Delhi)
Judiciary and Counsel Details
-
- Vibhu Bakhru & Amit Mahajan, JJ.
- Sandeep Chilana, Snehil Sharma, Prem Kandpal & Ms Anjali Jain, Advs. for the Petitioner.
- Neeraj, Rudra Paliwal, Vedansh Anand, R. Ramachandran, Rajeev Aggarwal & Ms Shilpa Singh, Advs. for the Respondent.
Facts of the Case
In the present case, the petitioner filed petition seeking interest on delayed refund. It was contended that refund of SGST was processed but the refund of CGST and IGST was not processed despite the refund order. Therefore, it was argued that interest would be payable as there has been an inordinate delay in disbursing the refund.
High Court Held
The Honorable High Court noted that in the instant case, refund of SGST was processed but the refund of CGST and IGST was processed after filing of writ petition. The interest would payable in case of inordinate delay in disbursing refund even in cases where statutory provision is not available for payment of interest. However, in the instant case, the Statute itself provides to pay 6% rate of interest in case of delay in processing refund by department. Therefore, the Court directed department to pay the interest at the rate of 6% per annum as expeditiously as possible.
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Sign Up
To subscribe to our weekly newsletter please log in/register on Taxmann.com
Latest Books
Everything on Tax and Corporate Laws of India
To subscribe to our weekly newsletter please log in/register on Taxmann.com
