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CA Final · Indirect Tax Laws · Refunds

Meenakshi Industries filed a refund application, and the proper officer issued a deficiency-related notice in FORM GST RFD-08 under sub-rule (3) of rule 92. The applicant filed its reply in FORM GST RFD-09 on the 25th day after receiving the notice. Under rule 94(2), how much of this time is excluded from the period of delay for computing interest?

Rule 94(2)(a) excludes only the time beyond fifteen days of receiving the RFD-08 notice that the applicant takes to reply. With a reply on day 25, ten days are excluded from the interest period, because the first fifteen days are not excluded.

  1. A10 days, being the time beyond fifteen days of receipt of the noticeCorrect
  2. B25 days, being the whole time taken to reply
  3. C15 days, being the time allowed for reply
  4. DNil, as no period is excluded for the applicant's reply

Explanation

Rule 94(2)(a) excludes any period of time beyond fifteen days of receipt of the RFD-08 notice that the applicant takes to furnish a reply in RFD-09 or submit additional documents. The applicant took 25 days, so the excess over fifteen days is 10 days. The first 15 days are not excluded because the officer is not at fault for them.

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