Case Law Details
Apar Industries Limited Vs. UOI (Bombay High Court)
Writ Petition was filed by the Petitioner being aggrieved by the non-payment of interest on the amount of Rs.5.52 crores of refund already granted as well as refund of balance amount along with interest. Petitioner had filed a refund of Rs.52.97 crores along with interest thereon in respect of tax paid on exported goods under section 16 of the IGST Act
Contention of the Revenue that there is a invoice mismatch/error which resulted in delay in refunding amount of Rs.52.52 crores and hence no interest is payable.
The High Court held as under
Circulars and FAQs, inter alia, deal with grant of refund in spite of Invoices mismatch/ error, as indicated by SB005 but do not deal with grant of interest even for the period when there is Invoice mismatch/error – issue of grant of interest for delaying refund does requires factual determination as to the type of Invoices mismatch, who was responsible for the same and who, if any, and how, was the same corrected –
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