Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
On a conjoint reading of Sections 54 and 56 of the CGST Act, delayed processing of a refund claim gives rise to statutory interest once the refund is paid beyond the prescribed period. The shipping bill assessment was treated as the refund application, and the petitioner's entitlement had attained finality after appellate orders were upheld and the Department's challenge failed. As the IGST refund was released only during pendency of the petition, Section 56 applied and interest was payable. The HC rejected the Department's plea that administrative delay or bona fide withholding displaced the statutory mandate, and allowed the writ petition with relief for interest on the belated refund.
On a conjoint reading of Sections 54 and 56 of the CGST Act, delayed processing of a refund claim gives rise to statutory interest once the refund is paid beyond the prescribed period. The shipping bill assessment was treated as the refund application, and the petitioner's entitlement had attained finality after appellate orders were upheld and the Department's challenge failed. As the IGST refund was released only during pendency of the petition, Section 56 applied and interest was payable. The HC rejected the Department's plea that administrative delay or bona fide withholding displaced the statutory mandate, and allowed the writ petition with relief for interest on the belated refund.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4814 
Join Channel 
