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2019 (7) TMI 1282 - GUJARAT HIGH COURTDelay in grant of refund - compensation and interest towards the substantial delay in making payment of the refund of the Integrated Tax paid on the export of goods - Section16 of the Integrated Goods and Services Tax (IGST) Act, 2017 - whether the writ applicants are entitled to seek compensation alongwith the interest for the delayed refund? HELD THAT:- The position of law appears to be well settled. The provisions relating to an interest of delayed payment of refund have been consistently held as beneficial and nondiscriminatory. It is true that in the taxing statute the principles of equity may have little role to play, but at the same time, any statute in taxation matter should also meet with the test of constitutional provision - The respondents have not explained in any manner the issue of delay as raised by the writ applicants by filing any reply. The respondents are liable to pay simple interest on the delayed payment at the rate of 9% per annum - On the aggregate amount of refund, the writ applicants are entitled to 9% per annum interest from the date of filing of the GSTR03. The respondents shall undertake this exercise at the earliest and calculate the requisite amount towards the interest - application disposed off.
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