TMI Blog2022 (8) TMI 213X X X X Extracts X X X X X X X X Extracts X X X X ..... nting Rs.11,07,462/- was released in and about 22.03.2022. The statutory rate of interest is pegged at 6%. The said interest gets triggered after the expiry of 60 days from the date of receipt of application for refund. The interest is payable to the petitioner. The respondents/revenue are directed to pay to the petitioner at the statutory rate as prescribed in Section 56 of the Act - the statutory rate of interest provided under Section 56 of the Act is a compensation for use of money. The writ petition is disposed of. - W.P.(C) 12233/2021 & CM APPL.4315/2022 - - - Dated:- 21-7-2022 - HON'BLE MR JUSTICE RAJIV SHAKDHER AND HON'BLE MS JUSTICE TARA VITASTA GANJU Petitioner Through: Mr. Vasdev Lalwani with Mr. Rohit G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21.07.2022. 5. For the purposes of good order and record, the Registry will scan and upload the payment order as well as the order dated 22.03.2022, so that the same stands embedded in the case file. 2. Mr Rishikesh Kumar, who appears on behalf of the respondents/revenue, says that counter-affidavit has been filed. 3. We are told that the counter-affidavit was filed on 20.07.2022. 3.1. Consequently, the counter-affidavit is not on record. However, a hardcopy of the same has been furnished to us. 4. A perusal of the same would show that the only reason the respondents/revenue have denied grant of statutory interest to the petitioner, is because Covid-19 was raging and there was delay in processing the petitioner s refund. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es Tax Act, 2017 [hereafter referred to as the Act .] 7. Mr Kumar, in rebuttal, pegs his defense on the averments made in the counter-affidavit placed before us. 8. Having heard the learned counsel for the parties, we are unable to agree with the contentions advanced on behalf of the respondents/revenue. 9. What has emerged from the record, and something which is not disputed, is that the petitioner did file an application for refund on 20.07.2021, and as noted hereinabove, the principal amount towards refund was released in two tranches; first one amounting to Rs.14,22,482/- was released in and about 04.01.2022, and the second tranche amounting Rs.11,07,462/- was released in and about 22.03.2022. 9.1. Mr Lalwani is correct in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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