Refund Rejection Set Aside
By J the App
Executive Summary
In a procedural fairness-centric ruling, the Calcutta High Court has reinforced that GST refund adjudication cannot be reduced to a mechanical timeline exercise.
The Court held that denial of reasonable opportunity, particularly curtailing statutory reply timelines and rejecting adjournment without justification, vitiates refund rejection orders.
Even where adjournment is not a right, the authority must act fairly, reasonably, and in line with natural justice.
This decision sends a clear signal: procedural shortcuts in refund adjudication will not withstand judicial scrutiny.
The petitioner filed a refund application under Section 54 of the CGST Act for May–June 2023. A show-cause notice was issued requiring reply with...
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