Facts of the Case
- The
petitioner filed a refund application in Form RFD-01 seeking refund
of:
- ₹25,29,944/-
(CGST + SGST)
- Despite
expiry of the statutory period of 60 days, the refund was not
processed.
- Multiple
representations/reminders dated 22.09.2021 and 05.10.2021 were
submitted.
- No
response or action was taken by the department.
- The
petitioner approached the Delhi High Court seeking:
- Refund
amount
- Interest
on delayed refund
- Exemplary damages for alleged mala fide conduct
Issues Involved
- Whether
the tax authorities are bound to grant refund within 60 days under
Section 54(7)?
- Whether
delay in refund automatically attracts interest under Section 56?
- Whether non-action by authorities despite representations amounts to arbitrary exercise of power?
Petitioner’s Arguments
- Refund
must be granted within 60 days as mandated under Section 54(7).
- Any
delay beyond this period attracts statutory interest under Section 56.
- Authorities
failed to act despite repeated representations.
- Reliance
placed on:
- Jian
International vs Commissioner of Delhi GST (WP(C) 4205/2020)
- Allegation of mala fide withholding of refund by the department
Respondent’s Arguments
- The
learned counsel for the respondents accepted notice.
- On
instructions, it was submitted that:
- The petitioner’s representations would be disposed of in accordance with law within a stipulated time.
Court’s Findings / Order
- The
Court accepted the undertaking given by the respondent authority.
- Directed
that:
- The
petitioner’s representations dated 22.09.2021 and 05.10.2021 be
decided within three weeks.
- The
respondents were held bound by their undertaking.
- The writ petition was disposed of accordingly.
Important Clarifications by the Court
- Authorities
are expected to act within statutory timelines prescribed under GST
law.
- Delay
in refund processing may attract interest liability under Section 56.
- Courts may intervene where there is administrative inaction or delay, even without adjudicating merits of refund.
Link to download the order - https://delhihighcourt.nic.in/app/case_number_pdf/2021:DHC:3443-DB/MMH28102021CW122332021_225453.pdf
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