2025 (5) TMI 2174

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.... Adv. ORDER 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner- M.D. Securities Private Limited under Article 226 of the Constitution of India, inter alia, seeking refund of accumulated unutilised Input Tax Credit (hereinafter, 'ITC') of the following amounts: Period RFD-01 filing date RFD-02 issuance date Outer timeline as per S....

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....ules, 2017 (hereinafter, 'CGST Rules'). ii. Issuance of refund within 60 days from the date of issuance of acknowledgement in terms of Section 54(7) of the Central Goods and Services Tax Act, 2017 (hereinafter, 'CGST Act'). 4. Ld. Counsel for the Petitioner relies upon the decision in Jian International vs. Commissioner of Delhi Goods and Services Tax, 2020 (39) GSTL 385 (Del) to argue that i....

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....03 or acknowledge the refund application in FORM GSTRFD-02. In the event deficiencies are noted and communicated to the applicant, then the applicant would have to file a fresh refund application after rectifying the deficiencies. The relevant portion of Rule 90 of CGST/DGST Rules is reproduced hereinbelow : ... 7. In the event of default or inaction to carry out the said activities within t....

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....etitioner's initial application for refund as the petitioner would thereafter have to file a fresh refund application after rectifying the alleged deficiencies. This would not only delay the petitioner's right to seek refund, but also impair petitioner's right to claim interest from the relevant date of filing of the original application for refund as provided under the Rules. 10. Moreover, the....