M/S Woco Tech Elastomere Noida Limited vs. Union Of INDIA And 3 Others
Held
The Court directed the department to immediately credit the input tax credit to the petitioner's account. The department was also ordered to decide the show cause notice regarding the refund and interest after providing an opportunity of hearing.
Facts
The petitioner sought input tax credit which was not granted due to an erroneous refund received earlier. The department contended that interest on the erroneous refund should be paid by the petitioner.
Key Issues
Whether the petitioner is liable to pay interest on an erroneous refund, and the delay in crediting input tax credit.
Sections Cited
None explicitly mentioned
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2023:AHC:222425-DB Court No. - 3 Case :- WRIT TAX No. - 1319 of 2023 Petitioner :- M/S Woco Tech Elastomere Noida Limited Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Atul Gupta,Prakhar Shukla Counsel for Respondent :- A.S.G.I.,C.S.C.,Om Prakash Mishra Hon'ble Siddhartha Varma,J. Hon'ble Shekhar B. Saraf,J.
Heard learned counsel for the petitioner, Sri Om Prakash Mishra, learned counsel for Union of India and Sri Ankur Agarwal, learned Standing Counsel for the State.
The petitioner is aggrieved by the inaction on the part of the respondents authority in not granting the input tax credit that is to be credited in the account of the petitioner on account of erroneous refund that was received by the petitioner.
The contention of the learned Standing Counsel appearing for the department is that interest that has been enjoyed by the petitioner on the excess money is to be paid along with erroneous refund.
This contention is vehemently opposed by the learned counsel for the petitioner, as he submits that there is no provision in the Act or Rules which provides that interest of the erroneous refund can be made.
We are o
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