Failure to discharge statutory duty/obligation by the refund sanctioning authority would be entitled to interest

Last updated: 28 December 2022

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The Karnataka High Court has ruled that refund sanctioning authorities are liable to pay interest if they fail to process refund claims within the statutory three-month period. The court found that deficiencies in a refund claim do not justify delays beyond this timeframe. Consequently, the Deputy Commissioner was ordered to pay the petitioner interest at 6% per annum for the delayed service tax refund.

Court :
Karnataka High Court

Brief :
The Hon'ble Karnataka High Court in M/s.Al Tisource Business Solutions Pvt. Ltd. v. Deputy Commissioner of Central Tax, GST Commissionerate, Bengaluru [Writ Petition No.459 of 2022 (T-RES), dated November 10, 2022] set aside the order passed by the Deputy Commissioner denying the interest to the assessee for delayed refund and granted relief under Section 11BB of the Central Excise Act, 1944 ("the CE Act") to pay the interest at the rate of 6% per annum for committing delay in issuing service tax refund order.

Citation :
Writ Petition No.459 of 2022 (T-RES), dated November 10, 2022

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