ArticleGST Article

Restriction of IDS Refund on Edible Oils can’t be applied retrospectively for past period

The Hon’ble High Court of Jammu & Kashmir and Ladakh at Jammu in the case of Bharat Oil Traders held that amendment to Explanation (2)(e) Section 54 CGST Act, 2017 w.e.f. February 1, 2019 substituting “relevant date” for unutilized ITC refund u/s 54(3)(ii) inverted duty structure from “end of financial year in which claim arises” to “due date for furnishing return u/s 39 for period claim arises” operates prospectively and cannot retrospectively divest vested rights accrued pre-amendment.

ArticleGST Article

Refund of Tax Paid Twice by Mistake Cannot Be Denied on Ground of Limitation under Section 54 of the GST Act

The Hon’ble Orissa High Court in the case of Rajendra Narayan Mohanty held that refund claimed in respect of tax paid erroneously or under mistaken notion cannot be denied solely on the ground of limitation stipulated in Section 54 of the CGST/OGST Act, as the matter falls within the ambit of Article 265 of the Constitution of India, which mandates that no tax shall be levied or collected except by authority of law.