M/s VARIDHI COTSPIN PRIVATE LIMITED v. UNION OF INDIA & ORS. – Gujarat High Court
High Court, Gujarat
Bhargav D. Karia, Justice & Pranav Trivedi, Justice
M/s VARIDHI COTSPIN PRIVATE LIMITED
v.
UNION OF INDIA & ORS.
R/SPECIAL CIVIL APPLICATION No. 3595 of 2024 dated 07.10.2025
Law : GST
Act Name : Central Goods & Service Tax Act, 2017
Relevant Section : Section 54 & 107
Rule Number : Rule 90
Rule Name : Central Goods & Services Tax Rules, 2017
Decision : In favour of assessee
Refund – Petitioner filed refund application within prescribed time – Deficiency memo issued – Rectified refund applications filed from time to time – Refund application rejected on ground of limitation – Whether subsequent rectified refund applications after deficiency memo constitute fresh proceedings or continuation? – Proviso to Rule 90(3) inserted vide Notification No.15/2021 dated 18.05.2021 providestime period from filing of refund claim in Form GST RFD-01 till communication of deficiencies in Form GST RFD-03 shall be excluded from two years period under Section 54(1) for fresh refund claim filed after rectification – Court held once original refund application filed within prescribed time, period of limitation stops running when proper officer requires further documents through deficiency memo – Time taken in issuing deficiency memo to be excluded from limitation period – Proviso to Rule 90(3) clarificatory and operates in consonance with Section 54(1) – Held: Petition allowed – Order quashed – Matter restored for fresh consideration on merits.
Represented By:
Counsel for the Petitioner: Hardik P Modh
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