Assessee is entitled to interest from the date immediately after the expiry of sixty days from the date of receipt of the GST refund application

Last updated: 27 March 2024

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The Delhi High Court has ruled that assessees are automatically entitled to 6% statutory interest on GST refunds that are not processed within 60 days of the application's receipt. This interest is payable from the day after the 60-day period expires until the refund is credited. The court clarified that this entitlement does not depend on a specific claim for interest within the refund application itself.

Court :
Delhi High Court

Brief :
The Hon'ble Delhi High Court, in the case of Raghav Ventures vs. Commissioner of Delhi [Writ Petition (Civil) No. 12209 of 2023 dated March 01, 2024], held that the payment of 6% interest under Section 56 of the Central Goods and Services Tax Act, 2017 ("the CGST Act") is statutory and does not depend if the claim made by the Assessee. It is automatically payable if the GST refund is not made within 60 days from the date of receipt of the application.

Citation :
Writ Petition (Civil) No. 12209 of 2023 dated March 01, 2024

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1999

(Excl. of GST ₹359)

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3499

(Excl. of GST ₹629)

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4999

(Excl. of GST ₹899)

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Judgement posted by

Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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