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GST Review August-2025

Mandatory 60-Day Time Limit for Refund under GST: Calcutta High Court Rules in Favour of Taxpayer

CA Pranav Mehta
Recently, the Hon’ble Calcutta High Court in the case of Suraj Mangar v. Assistant Commissioner of West Bengal State Tax, [2025] 176 taxmann.com 951 (Calcutta) held that the 60-day time limit prescribed under Section 54(7) of the CGST/WBGST Act, 2017 for processing refund claims is mandatory. Any order rejecting a refund application passed beyond this period is legally unsustainable. Facts of the Case: The Appellant filed a refund application on 24.12.2021 for the period Feb 2021 to Aug 2021. Acknowledgment under Rule 90(2) was issued on 10.01.2022 (2 days late, beyond 15-day limit). Show Cause Notice under Rule 92(3) was issued on 08.02.2022 fixing reply date as 23.02.2022 i.e. beyond the 60-day statutory limit for passing the refund order. Refund was rejected on 24.02.2022 citing small business premises, absence of E-way bills, and vague info from Bhutan Custo.......