Tag: gst on ocean freight

ArticleGST Article

No limitation period applicable on refund of IGST on Ocean Freight, as SC’ judgment of Mohit Minerals applicable retrospectively

byCA Bimal Jain

The Hon’ble Andhra Pradesh High Court in the case of Louis Dreyfus Company Private Limited held that the refund application filed beyond the two-year limitation period, prescribed under Section 54 of the CGST Act for GST paid on ocean freight charges is maintainable in view of the retrospective operation of the Supreme Court judgment in Union of India vs. Mohit Minerals, which struck down the levy of GST on ocean freight as unconstitutional.

GST ArticleHigh Court

GST Refund of IGST on ocean freight is allowed if filed after the Notification was struck down

byCA Bimal Jain

The Hon’ble Gujarat High Court in the case of H K Enterprise quashes rejection of refund application of IGST paid on ocean freight filed subsequent to Notification No.10/2017-IT (Rate) dated June 28, 2017 being struck down by Hon’ble Supreme Court in Mohit Minerals case on ground of time bar. Assessee’s refund claim for the unutilized GST paid on Ocean Freight under the RCM for June 2018 was rejected because it was found to be filed after the statutory two-year period from the relevant date, following judgment in Mohit Minerals case. Accordingly, it was held that the application for refund having been filed within a reasonable time thereafter, cannot be held to be time barred and the writ petition was allowed by quashing the orders.