Willowood Chemicals Pvt. Ltd. And 1 Other (S) vs. Union Of India And 2 Other (S)
(Gujarat High Court, Gujrat)
1. By this writ application under Article 226 of the Constitution of India, the writ applicants have prayed for the following reliefs:–
4 (a) To issue writ of mandamus and/or any other appropriate writ(s) for directions to the respondents for providing appropriate compensation as well as interest, for delay in the granting of refund under the provisions of section 54 read with Section 56 of the CGST Act, Rule 91, Rule 94 and Rule 96 of the CGST Rules, 2017;
(b) To issue order(s), direction(s), writ(s) or any other relief(s) as this Hon’ble Court deems fit and proper in the facts and circumstances of the case and in the interest of justice;
(c) To award costs of an incidental to this application be paid by the respondents;
2. The issue raised in this wri tapplication is squarely covered by the judgment rendered by this Court in the case of M/s. Saraf Natural Stone Vs. Union of India; Special Civil Application No.15925 of 2018.
3. In the case on hand, the delay in refund is as under:–
Delay in refund for Willwood Chemicals Private Limited
| Month | Refund Amount | Date of filing of GSTR 38 | 7 days from Return Filing | Date of Refund | Delay in days |
July’17 | 22,70,341.26 | 12/09/17 | 19/09/2017 | 30/06/2018 | 284 |
Aug’17 | 42,42,730.00 | 24/10/2017 | 31/10/2017 | 30/06/2018 | 242 |
Sept’17 | 26,21,293.00 | 02/12/17 | 09/12/.2017 | 30/06/2018 | 203 |
Oct’17 | 134,52,532.89 | 21/12/2018 | 28/12/2018 | 30/06/2018 | 184 |
Nov’17 | 678,45,086.20 | 03/01/18 | 10/01/18 | 30/06/2018 | 171 |
4. For the reasons assigned in the Special Civil Application No.15925 of 2018, decided on 10/07/2019, this writ application is allowed to the extent that the writ applicants are entitled to the interest for the delayed payment at the rate of 9% per annum. The authority concerned shall look into the chart provided by the writ applicants, which is at Page30, Annexure D to the writ application and calculate the aggregate amount of refund. On the aggregate amount of refund, the writ applicants are entitled to 9% per annum interest from the date of filing of the GSTR38.
The respondents shall undertake this exercise at the earliest and calculate the requisite amount towards the interest. Let this exercise be undertaken and completed within a period of two months from the date of receipt of the writ of this order. 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.
5. With the above, this writ application is disposed of.
