Department to pay Interest on delay of refund @ 9% from date of Filing of GSTR-3B
As per the court, the position of law appears to be well settled. The provisions relating to an interest of delayed payment of refund have been consistently held as beneficial and nondiscriminatory. 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.
In the overall view of the matter, we are inclined to hold the respondents liable to pay simple interest on the delayed payment at the rate of 9% per annum. On the aggregate amount of refund, the writ applicants are entitled to 9% per annum interest from the date of filing of the GSTR03. The requisite amount towards the interest shall be paid to the writ applicants within a period of two months from the date of receipt of the writ of this order.
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