9911796707
TMI Blog2024 (1) TMI 513X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioners herein. In the circumstances, the interest of justice would be sub-served, if interest @ 6% on the refund amount is directed to be paid w.e.f. 26.04.2023 till the date of realisation in the instant case. It is needless to observe that the aforesaid refund amount with interest shall be paid within a period of four weeks from today without seeking any extension of time either before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case, we are not inclined to interfere with regard to the direction issued by the High Court to refund to the respondent/caveator herein an amount of Rs. 98,17,880/-, which admittedly is the principal amount, which has to be refunded by the petitioner(s) to the respondent herein. We, however, find that the High Court has further stated that the refund must be including interest for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will have to be paid for the period commencing 90 days after the application for refund has been made; that the legislature has intended that refund application should be decided within a period of 90 days, but in the instant case, the application was kept pending for more than three years and, thereafter simply rejected the same, which rejection order has been set aside by the High Court and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te of demand notice, as per Section 19 of the JVAT Act; that due to administrative reasons there was a delay in rejection of the application. No doubt, the rejection was ultimately challenged by the respondent before the High court and the High Court having set aside the order of rejection. But, interest cannot be payable from lapse of 90 days after making the application for refund. 6. Therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of justice would be sub-served, if interest @ 6% on the refund amount is directed to be paid w.e.f. 26.04.2023 till the date of realisation in the instant case. 9. It is needless to observe that the aforesaid refund amount with interest shall be paid within a period of four weeks from today without seeking any extension of time either before this Court or before the High Court. 10. The Speci ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
