Section 115
Section 115 provides for payment of interest when a refund becomes due to a taxpayer as a result of an order passed by the Appellate Authority, Appellate Tribunal, High Court, or Supreme Court and the refund is not released within the prescribed period.
If the taxpayer succeeds in appeal and becomes entitled to a refund, the department must release the amount within sixty days from the date of receipt of the order. If the refund is delayed beyond this period, interest becomes payable from the expiry of sixty days until the actual date of refund.
The purpose of this provision is to compensate taxpayers for the delay in receiving money that legally belongs to them and to encourage timely compliance by tax authorities.
Example:
A taxpayer wins an appeal and becomes entitled to a GST refund of ₹10 lakh. If the department fails to release the refund within sixty days, interest under Section 115 becomes payable for the delayed period.
Key Points:
- Applies after successful appeal.
- Refund should be released within 60 days.
- Interest payable on delayed refunds.
- Protects taxpayers against administrative delays.
One-Line Summary:
Section 115 ensures taxpayers receive interest when refunds arising from appellate orders are delayed by the department.
The content provided in this article is intended solely for educational and informational purposes and should not be construed as professional accounting, taxation, legal, or financial advice. Readers are advised to consult a qualified professional before making any financial, tax, legal, or business decisions based on the information contained herein.Disclaimer