Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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The HC held that interest on delayed tax refunds is to be calculated from the date of receipt of the fresh refund application, not from the date of approval. Under Sections 54 and 56, interest at 6% accrues if the refund is not paid within 60 days from the original order by the proper officer, and at 9% if the refund is delayed beyond 60 days following a fresh application after an appellate order. The appellate order is accorded the status of an original order for interest purposes. The writ petition was allowed by quashing the impugned appellate order and directing the respondents to pay the petitioner interest amounts of Rs. 2,18,44,148/- from 14.06.2022 and Rs. 4,10,94,646/- from 12.10.2022 on the respective delayed refunds. The petition was disposed accordingly.
The HC held that interest on delayed tax refunds is to be calculated from the date of receipt of the fresh refund application, not from the date of approval. Under Sections 54 and 56, interest at 6% accrues if the refund is not paid within 60 days from the original order by the proper officer, and at 9% if the refund is delayed beyond 60 days following a fresh application after an appellate order. The appellate order is accorded the status of an original order for interest purposes. The writ petition was allowed by quashing the impugned appellate order and directing the respondents to pay the petitioner interest amounts of Rs. 2,18,44,148/- from 14.06.2022 and Rs. 4,10,94,646/- from 12.10.2022 on the respective delayed refunds. The petition was disposed accordingly.
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