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Insights · GST & Indirect Tax

GST Refund Litigation: Key Considerations

A record-led approach to refund applications, departmental communications and disputed orders.

2 min readSources checked: Informational note

Start with the basis of the claim

A refund dispute needs more than proof that money is outstanding. Identify the category of refund, the period and the legal basis of the claim. Section 54 of the Central Goods and Services Tax Act, 2017 addresses refund applications, supporting evidence and the relevant date. Its general two-year application period must be read with the category-specific provisions and applicable notifications; a deadline should be calculated for the actual facts. Source: CGST Act, section 54.

Build a traceable record

CBIC Circular 125/44/2019-GST describes the electronic refund process through FORM GST RFD-01. It is a starting reference, to be read with later amendments and clarifications, rather than a substitute for checking current procedure. Retain the application, acknowledgement, uploaded evidence and subsequent communications. Source: CBIC Circular 125/44/2019-GST, 18 November 2019.

For practical preparation, create an index linking each part of the claim to an invoice, return, ledger entry or other supporting record. Keep earlier versions of calculations so that a later correction can be explained. A document index makes it easier to see whether a disagreement concerns missing evidence, inconsistent figures or a different legal interpretation.

Read the communication before choosing a response

A request for information, a deficiency communication and an order rejecting a refund require different assessments. Record when the communication was received and what it asks the applicant to do. If an adjudication order is disputed, section 107 provides an appellate framework whose time limits and conditions need separate review. Do not assume a refund application deadline is also the deadline for an appeal. Source: CGST Act, section 107.

Illustrative example

Suppose a business’s application shows one figure while the attached reconciliation shows another. The first task is to identify the reason for the difference and connect it to source records. That exercise may support a factual explanation; it does not, by itself, establish entitlement to a refund. This is a hypothetical example, not a client matter or outcome.

Useful preparation for advice

Bring the application, all communications, the disputed calculation and a short chronology. Identify any approaching date immediately. The appropriate response depends on the refund category, available evidence and procedural stage. This note gives general information and does not determine eligibility or the remedy in an individual matter.

This note is general information based on the linked sources. Check subsequent amendments and obtain advice for your circumstances.