Topic

Interest Rate

10 articlesLatest 0 month ago
Interest @12% on Refund for Service Tax Paid Under Mistake of Fact | Service Tax Refund : CESTAT
Case Law Analysis
|Custom, Excise & Service Tax Tribunal

Interest @12% on Refund for Service Tax Paid Under Mistake of Fact | Service Tax Refund : CESTAT

CESTAT ruled that a refund of service tax paid under a mistake of fact attracts interest at 12% per annum, superseding the earlier 6% rate. This higher rate applies to any taxpayer seeking restitution for erroneous service tax payments, enhancing compensation for delayed refunds. The decision sets a binding precedent for future service tax refund claims.

Unilateral hike of loan interest beyond RBI Base-Rate is unfair trade practice and deficiency in service | Bank loan interest dispute : Delhi SCC
Case Law Analysis

Unilateral hike of loan interest beyond RBI Base-Rate is unfair trade practice and deficiency in service | Bank loan interest dispute : Delhi SCC

A Delhi consumer commission ruled that a bank’s unilateral increase of loan interest above the RBI-prescribed base-rate, without informing the borrower, amounts to deficiency in service and an unfair trade practice. The bank must revert the rate, refund excess interest and pay compensation, safeguarding borrowers from arbitrary rate hikes.

Review Jurisdiction | Equity Permits Interest Rate Reduction on Pension Arrears When Delay Caused by Third-Party Criminal Proceedings : MP HC Gwalior
Case Law Analysis
|Madhya Pradesh High Court

Review Jurisdiction | Equity Permits Interest Rate Reduction on Pension Arrears When Delay Caused by Third-Party Criminal Proceedings : MP HC Gwalior

The Madhya Pradesh High Court held that while review petitions cannot substitute appeals, they may adjust interest rates on pension arrears under equitable principles when the delay in payment arises from circumstances beyond the government body's control, such as pending criminal investigations. This sets a precedent for balancing fiscal responsibility with fair compensation to retirees facing unjustified delays due to external legal processes.

Consumer Fora Cannot Override Contractual Interest Rates or Auction Rights in Gold Loan Disputes: WB State Commission
Case Law Analysis

Consumer Fora Cannot Override Contractual Interest Rates or Auction Rights in Gold Loan Disputes: WB State Commission

The West Bengal State Consumer Disputes Redressal Commission ruled that consumer fora lack authority to alter contractual interest rates or auction rights in gold loan agreements, even in cases of default. The decision reinforces the binding nature of contractual terms between lenders and borrowers, limiting consumer fora's intervention to service deficiencies only.

Section 34 CPC | Future Interest in Non-Commercial Agreements Capped at 6% p.a. Regardless of Contractual Terms : Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Section 34 CPC | Future Interest in Non-Commercial Agreements Capped at 6% p.a. Regardless of Contractual Terms : Punjab & Haryana HC

Punjab & Haryana High Court rules that Section 34 CPC overrides contractual interest rates in non-commercial agreements, limiting future interest to 6% per annum even if parties agreed to higher rates. The judgment reinforces statutory protections in private residential transactions, impacting sellers defaulting on sale agreements.

Order XXXIV Rule 11 CPC | Contractual Interest Rate Overrides Agricultural Loan Cap in Mortgage Suits : Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Order XXXIV Rule 11 CPC | Contractual Interest Rate Overrides Agricultural Loan Cap in Mortgage Suits : Punjab & Haryana HC

Punjab & Haryana HC rules that contractual interest rates in mortgage agreements prevail over statutory caps, even for agricultural loans. The court held that Order XXXIV Rule 11 CPC governs interest awards, prioritizing contractual terms over the borrower's purpose, impacting lenders and borrowers in mortgage disputes.