https://www.taxtmi.com/caselaws?id=756752 Calcutta HC dismissed a writ petition challenging rejection of ITC refund claim. The refund application was rejected for failure to consider the claim within mandatory 60-day period under section 54(7), with authorities exceeding the deadline by two days. The court held that section 54's time limit is directory, not mandatory, as delay is remedied by section 56 providing interest on delayed refunds. The court applied statutory interpretation principles, considering legislative intent, consequences of rigid adherence, and that non-compliance doesn't defeat the provision's object. The impugned orders were found well-reasoned with no procedural infirmity or jurisdictional error warranting interference. en-us Fri, 02 Aug 2024 00:00:00 +0530 Thu, 08 May 2025 00:39:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756752 Calcutta HC dismissed a writ petition challenging rejection of ITC refund claim. The refund application was rejected for failure to consider the claim within mandatory 60-day period under section 54(7), with authorities exceeding the deadline by two days. The court held that section 54's time limit is directory, not mandatory, as delay is remedied by section 56 providing interest on delayed refunds. The court applied statutory interpretation principles, considering legislative intent, consequences of rigid adherence, and that non-compliance doesn't defeat the provision's object. The impugned orders were found well-reasoned with no procedural infirmity or jurisdictional error warranting interference. Case-Laws GST Fri, 02 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756752