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GST Update 31.01.2016

SECTION 23 INTEREST ON DELAYED REFUNDS
GST DAILY DOSE OF UPDATION:-
 
 
SECTION 23 INTEREST ON DELAYED REFUNDS:-
 
 
It is proposed in section 23 of the GST Act, 2016 that if any tax refundable under section 22 to any applicant is not refunded within 3 months from the date of receipt of application under sub-section (1) of that section, interest at such rate as may be specified in the notification issued by the Central Government or a State Government shall be payable in respect of such refund from the date immediately after the expiry of three months from the date of receipt of such application till the date of refund of such tax.

It is pertinent to observe that again, there is discrepancy in the provisions of Joint Committee Report on Business Processes on Refund and the proposed section 23. The proposed section 23 is very much similar to the present interest provisions for delayed sanction of refunds. However, in the Joint Committee Report on Business Process, it was stated that the refund application will be filed online and there will be a time of 30 working days for the refund sanctioning authority to scrutinize the refund application and raise queries. It was mentioned that only after all defects are removed and the refund application is found to be complete in all respects that SMS/email would be sent to applicant and that date will be considered for initiation of interest clause thereby meaning that the interest would be payable after expiry of 3 months from that date. However, the proposed GST Act, 2016 purports to provide that the interest will be payable immediately after expiry of three months from the date of receipt of application. Hence, there is discrepancy in the Joint Committee Report and the proposed GST Act to that extent and it is hoped that the provisions of proposed GST Act, 2016 are being incorporated as the same are better than that stated in the Joint Committee Report.

 
 
 
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