TMI Blog2024 (1) TMI 1205X X X X Extracts X X X X X X X X Extracts X X X X ..... erest 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. 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 - Ext. P5 order rejecting petitioner's claim for interest on the tax amount ordered to be refunded is quashe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Rules from the petitioner/tax payer stating that they would not file any suit against the IGST and CGST portion, after recrediting the amount to the credit ledger. The delay in recrediting the rejected refund claim was due to the technical gliches faced in the old back end portal and after implementation of model 2 back end portal, the amount was recredited to the credit ledger on 10.8.2022. It was further said that the petitioner had filed an application claiming interest on the recredited amount. The recredited amount was the claim of refund, which was rejected by the proper officer. As per Section 56 of the CGST Act, interest was not payable to the amount rejected by the authorities. 3. However, this contention of the authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exceeding six per cent, as may be specified in the notification issued by the Government on the recommendations of the Council shall be payable in respect of such refund from the date immediately after the expiry of sixty days from the date of receipt of application under the said sub-section till the date of refund of such tax: Provided that where any claim of refund arises from an order passed by an adjudicating authority or Appellate Authority or Appellate Tribunal or court which has attained finality and the same is not refunded within sixty days from the date of receipt of application filed consequent to such order, interest at such rate not exceeding nine per cent, as may be notified by the Government on the recommendations of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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