Case Law Details
Case Name : M/s. Saraf Natural Stone Vs Union Of India (Gujarat High Court)
Appeal Number : Special Civil Application No. 15925 of 2018
Date of Judgement/Order : 12/10/2018
Related Assessment Year :
Courts :
All High Courts Gujarat High Court
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M/s. Saraf Natural Stone Vs Union Of India (Gujarat High Court)
While admitting a petition seeking interest / compensation for delay in both provisional as well as final refund of GST beyond stipulated period, the Gujarat High Court has issued notices to Centre, CBIC and GSTN.
The petitioner M/s Saraf Natural Stone has filed the writ petition before the Gujarat High Court asking for directions against the government to grant them not only interest @ 6% statutorily payable to them on delayed GST refund beyond 60 days from the date of application, but also interest in the nature of compensation for delay in provisional refund of 90% of the amount beyond seven days from the date of acknowledgment of application even though statute does not provide for the same.
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Author Bio
Government Enjoying with tax payer money. they fooled to tax payer. Finance ministry working as bank.
VERY GOOD JUDGEMENT
There should be a PIL or court should take a suo motu call for changing interest provision in GST. Why should government levy interest of 18%(very high rate) and also penalty per day for late payment of GST when it pays only 6% on delay beyond 60 days in GST refund. Government should pay 18%PA interest for delay in GST refund beyond 20 days (same as delay in GST payment).
Government, its ministers, officers should come out of mentality of taking public and its business for granted and put them on any kind of misery. There should be parity in both type of provisions. Government can not take its citizen’s businesses for granted.