GST DAILY – 436 : Refund of interest and penalty ordered as ITC was allowed for delayed filing of return as per amendment made by Finance Act, 2024: HC
THE HON’BLE JHARKHAND HIGH COURT IN THE CASE OF Ram Constructions V/s Union of India
Tag: GST Refund
Restriction on exporting with payment of IGST – Rule 96(10) way forward
It has become natural under GST for the Revenue authorities to impose restrictions by way of a circular, advisory note on the GST portal, or by way of insertion of a rule, etc. to enable revenue augmentation.
GST Refunds under Inverted Duty Structure
Whether it is direct tax (or) indirect tax, the word “Refund” itself sounds so pacifying for the Registered person who is eligible to claim the same.
GST DAILY – 425 : Interest on refund is payable even if application was initially rejected but later allowed by court: HC
THE HON’BLE DELHI HIGH COURT IN THE CASE OF J.M. Plastic Industries V/s Deputy Commissioner of Central Tax GST, decided on 16-12-2024
2-year limitation period under Section 54 of the CGST Act not applicable to cases of refund of tax paid by mistake
The Hon’ble Andhra Pradesh High Court in the case of Nspira Management Services Private Limited held that the two-year limitation period prescribed under Section 54 of the CGST Act, 2017 does not apply to refund applications for tax paid by mistake on exempt services, as such payment is not “due tax” but one made without authority of law by virtue of Article 265 of the Constitution.
Refund can’t be denied on limitation ground on double payment of GST
The Hon’ble Gujarat High Court in the case of Messrs Macro Polymers Private Ltd. Anr. held that the refund claim for double payment of IGST, though filed beyond the period of limitation under Section 27 of the Customs Act, 1962, cannot be rejected as the revenue is not entitled to retain tax paid without authority of law, and the retention of such amount is hit by Article 265 of the Constitution of India.
FIRCs need not match Transaction-wise if Periodic remittance is proven and quashes demand, denial of ITC
The Hon’ble Delhi High Court in the case of Transformative Learning Solutions Pvt. Ltd. v. Commissioner, CGST Delhi East &Anr. [W.P.(C) 4987/2025 &CM APPL. 22937/2025, order dated September 24, 2025] held that foreign exchange realization certificates (FIRCs) submitted by exporters need not match invoice-wise or transaction-wise, and that periodic remittance supported by total benefit claimed is sufficient for GST refund.
Interest is payable at 6% if refund is not granted within 60 days from the date of the original refund application
The Hon’ble Bombay High Court in the case of Altisource Business Solutions India Pvt. Ltd. v. Union of India &…
Statutory interest under Section 56 GST Act is mandatorily payable on undisputed refund delayed beyond 60 days
The Hon’ble Gujarat High Court in the case of Vineet Polyfab Pvt. Ltd. & Anr. held that interest under Section 56 of the CGST Act is compulsory for delayed refunds exceeding 60 days from application, regardless of reason for delay, including …
Refund along with statutory interest allowed when wrongly adjusted against cancelled outstanding liability
The Hon’ble Delhi High Court in the case of Harbhajan Singh Thukral held that if a refund amount belonging to a taxpayer is mistakenly adjusted against an outstanding demand, which was later cancelled, the taxpayer must receive the refund along with statutory interest.