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Rajasthan HC Orders decision in 60-Days on Delayed GST Refunds

Case Law Details

TaxGuru Citation
2023 taxguru.in 3478
Case Name
Rajcomp Info Services Ltd Vs Union of India (Rajasthan High Court)
Date of Judgement/Order
Only available for paid members
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Rajcomp Info Services Ltd Vs Union of India (Rajasthan High Court)

The case Rajcomp Info Services Ltd Vs Union of India addressed the issue of lengthy delays in processing GST refund applications. Despite the petitioner’s multiple attempts to seek a resolution from both Central and State GST authorities, the application submitted on 10.08.2019 remained pending. As a result, the petitioner sought intervention from the Rajasthan High Court.

In this case, the High Court was confronted with a situation where the application for a GST refund remained pending for an extended period of nine months. The petitioner, despite numerous attempts to contact the relevant authorities, was unable to receive a resolution, and was continually informed that the application was still pending.

Taking into account the excessive delay, the Rajasthan High Court directed respondent No.2 to ensure that the application filed by the petitioner is decided within a maximum limit of 60 days. This decision underscores the importance of timely response and action by administrative authorities.

FULL TEXT OF THE JUDGMENT/ORDER OF RAJASTHAN HIGH COURT

The limited grievance ventilated through this petition is that even though the petitioner had submitted an application claiming refund way-back on 10.08.2019, the application has remained pending till date. Though the petitioner has been running from pillar to posts and repeatedly approached the Central and State GST authorities, as late as on 22.08.2022, he was informed from the help desk of Central GST that the application for claiming refund is pending with Central Jurisdiction Officer of the respondent. The petitioner, having waited for further period of nine months, has finally approached this Court.

As Mr. Sandeep Pathak, Advocate enters appearance on advance copy, we are not inclined to keep this petition pending. At this stage, we are inclined to dispose off the petition with a direction to the respondent No.2 to ensure that the application claiming refund filed by the petitioner before an Officer subordinate to him is decided within the outer limit of 60 days.

The writ petition is disposed off.

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