54. Interest on delayed refunds. - (1) Where an amount required to be refunded by the Commissioner to any person by virtue of an order issued after the appointed day is not so refunded to him within ninety days of the date of the order, the State Government shall pay to such person simple interest at four and half per cent per annum on the said, amount from the date immediately following the expiry of the period of ninety days to the date of the refund:
Provided that no interest shall be payable where an appeal or revision application is filed or where an application has been made to the Tribunal to refer to the High Court any question of law.Explanation 1. - If the delay in granting the refund within the period of ninety days aforesaid is attributable to the dealer, whether wholly or in par, the period of the delay attributable to him shall be excluded from the period for which interest is payable.Explanation 2. - In case of an order relating to refund passed us appeal or in revision, the period of ninety days shall be calculated from the date of the receipt of such order by the Sales Tax Officer.(2)Where any question arises as to the period to be excluded for the purposes of calculation of interest under the provisions of this section, such question shall be determined by the Commissioner whose decision shall be final.
