Writ Petition Disposed With Direction to Assessee to Respond to Objections Regarding Refund Rejection Within Three Weeks | HC
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Case Details: Pacific Exports and Imports vs. Additional Commissioner of Central Tax - [2025] 172 taxmann.com 664 (Delhi)
Judiciary and Counsel Details
- Yashwant Varma & Harish Vaidyanathan Shankar, JJ.
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Vineet Bhatia, Aamnaya Jagannath Mishra, Keshav Garg & Abhinav Sharde, Advs. for the Petitioner.
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Anushree Narain & Ankit Kumar, Advs. for the Respondent.
Facts of the Case
The assessee sought a refund under Section 54 of the CGST Act, 2017, and the Delhi GST Act, 2017, which was rejected by the revenue authorities due to a mismatch between the claimed Input Tax Credit (ITC) and the Form GSTR-2A returns. The revenue contended that, as per statutory provisions, refund claims could not be granted for invoices not reflecting in Form GSTR-2A. Despite being granted time to file a rejoinder contesting the rejection, the assessee failed to do so. Aggrieved by the rejection, the assessee filed a writ petition before the Hon’ble High Court, challenging the decision of the revenue authorities.
High Court Held
The Hon’ble High Court held that the assessee was permitted to file a response to the revenue’s objections within three weeks from the date of the order. The competent authority was directed to examine the response and pass a detailed, reasoned order within four weeks thereafter. The court clarified that all rights and contentions of both parties on merits remained open. Accordingly, the writ petition was disposed of with these directions.
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