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.

ArticleGST Article

Circular denying refund on ‘Deemed Export’ Refunds can’t be applied to Actual Exporters of Zero-Rated Supplies

The Hon’ble Gujarat High Court in the case of Shah Paperplast Industries Ltd. & Anr. held that CBIC’s Circular No. 172 dated July 06, 2022, which restricts refund of tax paid on ‘deemed exports,’ cannot be invoked to deny refund of unutilized ITC to actual exporters under Section 54(3), where neither the supplier nor recipient has claimed deemed export benefits, and all supplies have been shown as regular B2B exports.