Trigger date for Interest Payout on refund on Restitution

Todays Position Paper in J the app. In an amazing judgement, the Orissa High Court, in M/s. Paradeep Phosphates Ltd. v. GST Authorities (WP No. 11618 of 2024), held that where a tax levy is declared unconstitutional, the taxpayer’s right to interest on refund flows from the doctrine of restitution and Article 265 of the Constitution, and not merely from the statutory scheme of Sections 54 and 56 of the CGST Act.