Case Law Details
Saraf Natural Stone Vs UOI (Gujarat High Court)
After implementation of GST, refund on exports got substantially delayed to most of the exporters resulting into blockage of working capital and harming the business of exporter community.
In a recent Judgement delivered by The Hon’ble Gujarat High Court in Matter of M/s. Saraf Natural Stone Vs Union Of India it was held that Department is liable to pay simple interest on the delayed payment of IGST refund paid on export, at the rate of 9% per annum. The Said interest is payable from the date of filing of GSTR-3B till date of actual receipt of refund. The Hob’ble High Court also says that “The provisions relating to an interest of delayed payment of refund have been consistently held as beneficial and non-discriminatory. It is true that in the taxing statute the principles of equity may have little role to play, but at the same time, any statute in taxation matter should also meet with the test of constitutional provision.” The matter was argued by Advocate Vinay Shraff, Advocate Nipun Singhvi and Advocate Vishal Dave. The learned counsel had placed reliance on below judgement:
- The Calcutta High Court in the case of Shiv Kumar Jain Vs. Union of India reported in 2004 (168) E.L.T. 158 (Cal.)
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Author Bio
it means exporters are eligible to get refund after just filling of 3B
For Example- 3B filled on 20th Jun and refund received on 01 july then intt. is eligible or not.