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HIGH COURT OF DELHI
Date of Decision: 28th October, 2025
GAMELOFT SOFTWARE PRIVATE LIMITED .....Petitioner
Through: Mr. Kishore Kunal & Mr. Aditya Rathore, Advs.
Through: Mr. Akash Verma, SSC, CBIC.
JUDGMENT
1. This hearing has been done through hybrid mode. CM APPL. 66751/2025 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
3. The present petition has been filed by the Petitioner under Articles 226 and 227 of the Constitution of India, inter alia, seeking expeditious disposal of the refund applications filed by the Petitioner.
4. The case of the Petitioner is that the Petitioner had paid an excess amount of Integrated Goods and Services Tax (hereinafter, ‘IGST’) during the period from April, 2019 to June, 2020 of a sum of Rs. 1,87,84,018/-. The refund applications themselves were filed in April, 2022 but were rejected vide orders dated 6th July, 2022 and 7th July, 2022 citing certain deficiencies. Revised refund applications were filed on 30th March, 2023 and 31st March, 2023 and no deficiency memo was issued in terms of the timelines fixed within the 15 days.
5. However, thereafter, a deficiency memo was issued on 11th April, 2023 merely stating that the “supporting documents were incomplete”. Thereafter, representations have been written by the Petitioner but to no avail and the refund applications continued to remain pending.
6. Heard. As per the statutorily prescribed procedure, the refund applications have to be dealt with in a particular manner within the prescribed timelines as per law. The scheme of the Act and Rules has been analysed by this Court in W.P. (C) 7485/2024 titled ‘MS G S Industries v. Commissioner of Central Tax and GST Delhi West’. The relevant portion of the said decision reads as under
claimed as refund is refundable, he may make an order accordingly and the amount so determined shall be credited to the Fund referred to in section 57. ****** (7) The proper officer shall issue the order under subsection (5) within sixty days from the date of receipt of application complete in all respects.” Section 56 of the CGST Act
Appellate Tribunal or by the court shall be deemed to be an order passed under the said sub-section (5).”
11. The entire scheme for grant of refunds under CGST Act has been considered by this Court in Bansal International v. Commissioner of DGST (W.P.(C) 11629/2023, decided on 21st November, 2023) and the relevant portion of the judgement is extracted below:
payment is not made within a period of sixty days from an application filed pursuant to such orders, the person is required to be compensated at a higher rate of interest, of 9% per annum. This higher rate of interest would run from the date immediately after the expiry of sixty days of the filing of such an application – that is, the application filed pursuant to the orders of the appellate fora and not the first application.
33. It is clear from a plain reading of Section 56 of the CGST Act that whereas the main provision of Section 56 of the CGST Act refers to the rate of interest applicable on the amount of refund due, which remains unpaid even after sixty days from the date of application for refund; the proviso provides for an increased rate of interest for the period that commences from the date immediately after the expiry of sixty days from the date of application which is filed pursuant to the claim for refund attaining finality in appellate proceedings. Section 56 of the CGST Act, thus, works as follows. The applicant claiming a refund is entitled to interest at the rate of 6% per annum from a date immediately after the expiry of sixty days from making an application under Section 54(1) of the CGST Act. However, if a person’s claim is denied (or if granted is not accepted by the Revenue) and the order of the Adjudicating Authority is carried in appeal to the Appellate Authority or to the Appellate Tribunal/High Court, which finally upholds the claim, the applicant may have to file a second application to secure the refund. If such application for refund filed by the person consequent to succeeding before the Appellate Authority, Appellate Tribunal or court, is not processed within a period of sixty days of filing the application, the applicant would be entitled to a higher rate of 9% per annum commencing from the date immediately after the expiry of sixty days of his application filed pursuant to the appellate orders. However, this does not mean that the rate of 6% per annum is not payable for the period commencing from the date immediately after expiry of sixty days from his first application till sixty days after filing of his second application pursuant to the appellate orders. In another words, the proviso merely enhances the interest payable to a person for the period commencing from the date immediately after sixty days from the date of his application filed pursuant to its entitlement to refund claim attaining finality.”
12. The stand of ld. Counsel for the Petitioner is that the deficiency memo was not issued within 15 days in terms of Rule 90 of Central Goods Services Tax Rules (hereinafter ‘CGST Rules’). Hence, the interest is liable to be granted for the entire period.
13. The stand of the Department is that the deficiencies were genuine and they were cleared only after two months i.e., when the documents were submitted and the same was duly acknowledged on 11th February, 2020.
14. The scheme of payment of interest on delayed refunds can be illustrated in the following flow chart. Note -1: For the period from FORM GST RFD-01 till the second refund application, 6% interest would be liable to be paid. Note-2: If the second refund application is filed, then upon expiry of 60 days, interest would be liable to be paid @ 9% per annum. Payment of Interest in an Application for Refund under Section 56 of CGST Act read with Rule 90 of CGST Rules Statutory requirement under Section 54 of CGST Act to complete adjudication within 60 days Statutory requirement under Section 54 of CGST Act to Application for Refund – FORM GST RFD-01 Deficiency Memo to be issued within 15 days (Rule 90(2) of CGST Rules) – FORM GST RFD-03 Deficiency to be removed (no time limit prescribed) Upon expiry of 60 days from date of first application– refund/denial by the Adjudicating Authority, interest begins to run @ 6% per annum If refund is granted – 6% interest to be provided till date of sanction of refund If the refund is denied, approach Appellate Authority/Tribunal/High Court Upon the Appellate Authority upholding right to claim refund -Second refund application is filed complete processing within 60 days
15. Considering the overall circumstances, this Court is of the view that the Petitioner cannot be denied the benefit of interest for delay caused due to the deficiency memo not having been issued within the stipulated period, i.e., between 4th/9th July, 2019 and 29th November, 2019. At the same time, the Petitioner also took about 74 days to respond to the deficiency memo i.e., between 29th November, 2019 and 11th February, 2020.”
7. In addition, if there is delay by the Department in processing and granting refunds, it has a cascading adverse effect on the business of the tax payers as well. Under these circumstances, this Court is of the opinion that the Respondent ought to take a decision expeditiously on the refund applications.
8. Accordingly, the Petitioner shall appear before the Department on 10th November, 2025 either physically or virtually as may be communicated to the Petitioner. If there are any deficiencies which have already been pointed out, the same shall be cleared by the Petitioner and the refund orders shall be passed within a period of one month in accordance with law. All rights and remedies are left open. Upon expiry of 60 days from date of second application– interest to be paid @ 9% per annum – FORM GST RFD-02
9. Petition is disposed of in these terms. All pending applications, if any, are also disposed of.
PRATHIBA M. SINGH JUDGE SHAIL JAIN JUDGE OCTOBER 28, 2025 Rahul/ck