On mere pendency of the proceedings before the Higher Authority, the Department cannot deny the refund and interest on delayed refund to the Assessee

On mere pendency of the proceedings before the Higher Authority, the Department cannot deny the refund and interest on delayed refund to the Assessee https://www.taxtmi.com/article/detailed?id=6037 Entitlement to interest on delayed refunds arises where a refund is not paid within the prescribed time, and such interest cannot be withheld solely because proceedings or appeals remain pending; only an express preventive or prohibitory order can lawfully bar payment. In the presented facts, the revenue's appeals did not constitute such a bar, and authorities were obliged to pay interest from the date the refund became due until actual payment. en-us Mon, 02 Feb 2015 12:22:05 +0530 Mon, 02 Feb 2015 12:22:05 +0530 TaxTMI RSS Generator On mere pendency of the proceedings before the Higher Authority, the Department cannot deny the refund and interest on delayed refund to the Assessee https://www.taxtmi.com/article/detailed?id=6037 Entitlement to interest on delayed refunds arises where a refund is not paid within the prescribed time, and such interest cannot be withheld solely because proceedings or appeals remain pending; only an express preventive or prohibitory order can lawfully bar payment. In the presented facts, the revenue's appeals did not constitute such a bar, and authorities were obliged to pay interest from the date the refund became due until actual payment. Articles Central Excise Mon, 02 Feb 2015 12:22:05 +0530 https://www.taxtmi.com/article/detailed?id=6037