9911796707
TMI Blog2024 (1) TMI 1205X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner has filed the present writ petition seeking to quash Ext.P5 order dated 10.1.2023 issued by the 2nd respondent, whereby the petitioner's application in Form RFD-01A dated 17.1.2018 was rejected on the ground that the refund amount claimed by the petitioner by way of CGST and IGST was inadmissible as the petitioner had availed higher rate of duty draw back during the month of August, 2017. However, the SGST portion was allowed vide order dated 11.5.2020 and the said SGST portion was sanctioned for disbursement. It was also said that, according to Rule 93(1) of the Central Goods and Services Tax Rules, 2017 ('CGST Rules', for short) the rejected amount of refund of IGST and CGST portion was to be recredited to the credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 78,30,281.00 (IGST - Rs. 1,26,189, CGST Rs. 38,52,046 and SGST - Rs. 38,52,046). On verification of application with reference to Section 54, the amount eligible for refund was found to be only SGST portion of Rs. 38,52,046. The IGST and CGST portion were found to be inadmissible and hence rejected. On 11.02.2020 an amount of Rs. 3,02,085.00 being the eligible SGST was released vide order in form GST RFD 06 dated 11.02.2020." 4. Section 56 of the CGST Act, which makes provision for interest on delayed refunds, reads as under: 56. Interest on delayed refunds.- If any tax ordered to be refunded under sub-section (5) of section 54 to any applicant is not refunded within sixty days from the date of receipt of application under sub-sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 54 is not refunded within sixty (60) days from the date of receipt of application, interest at such rate not exceeding six per cent is to be given, as may be specified in the notification to be issued by the Government on the recommendations of the Council. The petitioner had made application for refund on 17.1.2018 and refund has been granted/recredited vide order dated 10.8.2022. 6. As per the provisions of Section 56, the petitioner is entitled for interest @ 6% on the amount ordered to be refunded from the date of expiry of sixty (60) days from the date of the application for refund, i.e. 17.1.2018, till the date of refund/credit to petitioner's credit ledger, as per notification No. 9/2017 dated 28.6.2017. 7. In view of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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