Page 76 - GSTL_14th May 2020_Vol 36_Part 2

178 GST LAW TIMES [ Vol. 36
Commissioner of Income Tax, Gujarat v. Gujarat Fluoro Chemicals (supra)
it appears that the liability to pay interest on interest by the Revenue
is not approved and to that extent the contention of the Revenue can
be maintained. But the further contention of the Revenue that no in-
terest whatsoever would be payable if the refund of the amount of tax
or refund of the amount deposited towards tax is to be made, no in-
terest whatsoever would be available by way of compensatory meas-
ure.
17. In our view, the general principles for awarding compensation
to the Assessee for the delay in receiving monies properly due to it is
not disapproved by the Larger Bench of the Apex Court in the case of
Commissioner of Income Tax, Gujarat v. Gujarat Fluoro Chemicals (su-
pra).”
13. In our view, the above-referred observation made by this Court
in the above-referred decision in case of Gujarat Fluoro Chemicals (su-
pra) is a complete answer to the contention of the Learned A.G.P. that
the interest can be awarded even if not expressly barred by the statute or that
the taxing statute is silent about the same”.
20. The word ‘Compensation’ has been defined in P. Ramanatha Aiyar’s
Advanced Law Lexicon 3rd Edition 2005 page 918 as follows :
“An act which a Court orders to be done, or money which a Court
orders to be paid, by a person whose acts or omissions have caused
loss or injury to another in order that thereby the person damnified
may receive equal value for his loss, or be made whole in respect of
his injury; the consideration or price of a privilege purchased; some-
thing given or obtained as an equivalent; the rendering of an equiva-
lent in value or amount; an equivalent given for property taken or for
an injury done to another; the giving back an equivalent in either
money which is but the measure of value, or in actual value other-
wise conferred; a recompense in value; a recompense given for a
thing received recompense for the whole injury suffered; remunera-
tion or satisfaction for injury or damage of every description; remu-
neration for loss of time, necessary expenditures, and for permanent
disability if such be the result; remuneration for the injury directly
and proximately caused by a breach of contract or duty; remunera-
tion or wages given to an employee or officer.”
21. We may now reproduce the Chart indicating the delay in days :-
Delay in refund for SARAF NATURAL STONE

Month Invoice Refund Date of 7 days Date of Delay
Date Amount filing of from Refund in
GSTR3 Return days
Filing
July, 17 6-7-2017 12018 25-8-2017 1-9-17 18-6-2018 290
10-7-2017 16380 25-4-2018 236
10-7-2017 12763 25-4-2018 236
11-7-2017 2,33,103 4-12-2017 94
12-7-2017 2,77,949 4-12-2017 94
13-7-2017 9183 25-4-2018 236
13-7-2017 2,17,718 4-12-2017 94
13-7-2017 12534 25-4-2018 236
GST LAW TIMES  14th May 2020  76