Case Law Details
M/s. Sivamurugan Chit Fund (P) Limited Vs Commissioner of G.S.T. and Central Excise (CESTAT Chennai)
There is no doubt that Section 11B ibid. prescribes the period of limitation for filing the refund claim, but admittedly here, the application for refund was filed on 19.01.2018; the date of the judgement of the Hon’ble Supreme Court is 07.01.2014. There is a clear four-year delay in filing the refund claim. My view therefore is that the appellant is not entitled for any interest for the delay caused by it. In other words, the appellant cannot take advantage of its own mistake of filing a delayed refund claim and thus cannot claim the interest for that delayed period during which time it slept over its rights.
FULL TEXT OF THE CESTAT CHENNAI ORDER
The above case was taken up for hearing and Shri A. Niraikulam, Learned Consultant, appeared for the appellant and Shri S. Balakumar, Learned Departmental Representative, appeared for the Revenue.
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