The surviving grievance of the petitioner is that though the amount has been credited but the statutory interest accruing on the same has not been credited and accordingly he has confined his relief to the claim of statutory interest as per the provisions of Sections 54 and 56 of the CGST Act. This Court disposes of the present writ petition enabling the petitioner to file appropriate petition before the respondent for the purposes of lodging a claim of statutory interest for the period from issuance of Form GST PMT-03 till its credit.
Section 54 of the CGST Act — Refund – Interest - The petitioner challenged the refund rejection order for refund of ITC for the period August 2017 to January 2018 and for a mandamus seeking direction upon the respondents to grant the refund along with the interest. An alternative relief was also prayed seeking a direction upon the respondents to allow the petitioner to take re-credit of aforesaid amount in their electronic credit ledger. The court observed that during the pendency of this writ petition the amount has been credited in the electronic credit ledger of the petitioner on 08.04.2021.The grievance of the petitioner is that though the amount has been credited on 08.04.2021 but the statutory interest accruing on the same has not been credited. The counsel of the respondents submitted that the Form GST PMT–03 was issued as back as on 28.06.2018 and if the petitioner had any grievance, then he ought to have raised further grievance in Form GST PMT-04. He further submitted that if an application for interest is filed by the petitioner, the same will be considered in accordance with law. The Court observed that although the Form GST PMT-03 were issued by the respondents as back as on 28.06.2018 but there is no worthwhile explanation from the side of the respondents as to why the credit was not made immediately thereafter. The petitioner cannot be made to suffer on account of laches on the part of the respondents.
Held that:- The Hon’ble High Court directed the petitioner to file appropriate petition before the respondent no.4 for the purposes of lodging a claim of statutory interest for the period from issuance of Form GST PMT-03 till its credit vide order dated 08.04.2021, within a period of 15 days and the respondent no.4 is directed to pass appropriate order in connection with the claim of statutory interest.
The surviving grievance of the petitioner is that though the amount has been credited but the statutory interest accruing on the same has not been credited and accordingly he has confined his relief to the claim of statutory interest as per the provisions of Sections 54 and 56 of the CGST Act. This Court disposes of the present writ petition enabling the petitioner to file appropriate petition before the respondent for the purposes of lodging a claim of statutory interest for the period from issuance of Form GST PMT-03 till its credit.
Section 54 of the CGST Act — Refund – Interest - The petitioner challenged the refund rejection order for refund of ITC for the period August 2017 to January 2018 and for a mandamus seeking direction upon the respondents to grant the refund along with the interest. An alternative relief was also prayed seeking a direction upon the respondents to allow the petitioner to take re-credit of aforesaid amount in their electronic credit ledger. The court observed that during the pendency of this writ petition the amount has been credited in the electronic credit ledger of the petitioner on 08.04.2021.The grievance of the petitioner is that though the amount has been credited on 08.04.2021 but the statutory interest accruing on the same has not been credited. The counsel of the respondents submitted that the Form GST PMT–03 was issued as back as on 28.06.2018 and if the petitioner had any grievance, then he ought to have raised further grievance in Form GST PMT-04. He further submitted that if an application for interest is filed by the petitioner, the same will be considered in accordance with law. The Court observed that although the Form GST PMT-03 were issued by the respondents as back as on 28.06.2018 but there is no worthwhile explanation from the side of the respondents as to why the credit was not made immediately thereafter. The petitioner cannot be made to suffer on account of laches on the part of the respondents.
Held that:- The Hon’ble High Court directed the petitioner to file appropriate petition before the respondent no.4 for the purposes of lodging a claim of statutory interest for the period from issuance of Form GST PMT-03 till its credit vide order dated 08.04.2021, within a period of 15 days and the respondent no.4 is directed to pass appropriate order in connection with the claim of statutory interest.