05/06/2026
The Andhra Pradesh High Court, in Jwala Energy Resources Private Limited, held that tax collected under a levy later declared unconstitutional amounts to an illegal extraction of money, void from the very beginning.
The Court clarified:
✦ Refund rights in such cases arise directly from the Constitution, not merely from GST statutes
✦ The State cannot rely on statutory waiting periods or limitation provisions to deny interest
✦ Taxpayers are entitled to interest from the date of deposit until actual refund
✦ Interest forms part of the taxpayer’s restitutionary compensation for unconstitutional collection
The ruling reinforces that when a levy itself is unconstitutional, the Government must restore the taxpayer to the original financial position, including payment of interest from day one.
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