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Tag: GST Refund

GST ArticleHigh Court

Refund allowed by Appellate Authority cannot be ignored on ground that Revenue decided to challenge such Order

byCA Bimal Jain22/06/202322/06/2023

The Hon’ble Delhi High Court in G.S. Industries v. Commissioner Central Goods and Services Tax held that the Order of Appellate Authority allowing refund to assessee cannot be ignored solely because Revenue decided to challenge the order allowing refund…

GST in Media

Evidence states that there is “brazen misuse” of tax laws

byAdmin01/05/202301/05/2023

FM Sitharaman on Friday said that there is evidence of “brazen misuse” of tax laws by some sections to claim unlawful refunds, and the use of deep data and artificial intelligence has revealed a trail of funds to shell companies.…

COMPLIANCEGST in Media

Denied GST refund for ‘unjust enrichment’, IIMA moves Gujarat High Court

byAdmin15/04/202315/04/2023

Denied refund of Rs. 2.24 crore in service tax by the state GST department on the ground of ‘unjust enrichment’, the Indian Institute of Management, Ahmedabad (IIMA) has appealed to the Gujarat high court. According to the case details, the…

GST ArticleHigh Court

Refund of ITC cannot be rejected without providing an opportunity of being heard to the assessee

byCA Bimal Jain11/03/202314/03/2023

The Hon’ble Rajasthan High Court in M/s. Chandni Crafts v. Union of India and Anr. [D. B. Civil Writ Petition No. 5460/2020 dated January 17, 2023] has quashed and set aside the order rejecting the refund claim of accumulated Input…

GST in Media

GST refunds on shopping for foreign tourists on the anvil

byAdmin09/03/202309/03/2023

Foreign tourists may be able to get refunds on goods and services tax (GST) paid by them for shopping in India in the near future, with the government planning to take up the long-pending issue soon. According to sources, work…

GST ArticleHigh Court

Refund claims cannot be considered as dubious on the basis of erroneous findings

byCA Bimal Jain17/02/202317/02/2023

The Hon’ble Delhi High Court in M/s. Mahajan Fabrics Pvt. Ltd. v. Commissioner, CGST and Ors. [W.P. (C) 6727/2022 dated February 6, 2023] has set aside the order passed by the Appellate Authority, disallowing the refund claimed by the assessee.…

GST Article

Refund application cannot be rejected without providing opportunity of personal hearing to the assessee

byAdmin08/02/202308/02/2023

The Hon’ble Madras High Court in M/s. Lenovo India Private Limited Vs Assistant Commissioner of GST & Central Excise in [W.P.No.1863 of 2023 and W.M.P.No.1965 of 2023 dated February 01, 2023] quashed the Order passed by the Revenue Department rejecting…

GST ArticleHigh Court

Assessee cannot claim supplementary refund based on fresh calculation, after the original refund application has already been processed

byCA Bimal Jain24/01/202324/01/2023

The Hon’ble Odisha High Court in the matter of Vedanta Ltd. v. Union of India [W.P.(C) No. 33278 of 2020 with W.P.(C) No. 24499 of 2020 and W.P.(C) No. 32166 of 2021 dated January 4, 2023] held that, when Input…

GST ArticleHigh Court

Water Resources Department ordered to consider assessee’s representation for refund of additional GST

byCA Bimal Jain17/01/202317/01/2023

The Hon’ble Chhattisgarh High Court in the matter of M/s CG Associates v. State of Chhattisgarh & Ors. [Writ Petition (T) No. 288 of 2022 dated January 5, 2023] has directed the Water Resources Department to take into consideration the…

GST Article

Refund of unregistered persons – Cir. no. 188/20/2022-GST dt 27.12.2022

byCA Nitin Bhuta12/01/202312/01/2023

Sri CA Nitin Bhuta has prepared a PPT on ‘Refund of GST on unregistered person” in light of the circular 188/20/2022-GST dated 27.12.2022.

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