Interest entitlement when refund withheld under section 38(9): successful appeal or proceeding grants interest on the refund. If a taxable person's refund claim is withheld under section 38(9) and, following appeal or any further proceeding, the taxable person is determined to be entitled to that refund, the taxable person is also entitled to interest on the refunded amount. The entitlement to interest is contingent on the successful outcome of the appellate or remedial proceeding that establishes the taxpayer's right to the refund.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Interest entitlement when refund withheld under section 38(9): successful appeal or proceeding grants interest on the refund.
If a taxable person's refund claim is withheld under section 38(9) and, following appeal or any further proceeding, the taxable person is determined to be entitled to that refund, the taxable person is also entitled to interest on the refunded amount. The entitlement to interest is contingent on the successful outcome of the appellate or remedial proceeding that establishes the taxpayer's right to the refund.
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