Tag: GST Refund

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.

ArticleGST ArticleHigh Court

Quashes refund-rejection citing relaxation in time limit for availment of ITC for initial years of GST

byCA Bimal Jain

The Hon’ble Calcutta High Court in DYS Impex Private Limited  held that refund denial based on Section 16(4) of the CGST/ WBGST Act could not be sustained in light of the retrospective insertion of Section 16(5), which extended the timeline for availing input tax credit (ITC) for initial 4 FYs, starting from 2017-18 to 2020-21 up to November 30, 2021.

ArticleGST Article

Limitation for filing application for refund computable from the date of conciliation agreement crystallising the excess-tax quantum

byCA Bimal Jain

The Hon’ble Delhi High Court in the case of Delhi Metro Rail Corporation Ltd. held that where excess GST becomes ascertainable only after a conciliation settlement having the force of a decree, the limitation for refund runs from the date of such settlement under Explanation 2(d) to Section 54; hence, rejection of DMRC’s refund claim as time‑barred was unsustainable.

ArticleGST Article

No relief in high value fraudulent transactions considering serious nature of allegations

byCA Bimal Jain

The Hon’ble Delhi High Court in the case of Ramesh Kumar Wadhera held that where serious allegations of fraudulent availment of IGST refunds are levelled against the Petitioner, and opportunity of hearing was available but not availed, writ jurisdiction under Article 226 could not be invoked and the Petitioner must approach the appellate authority under Section 107 of the CGST Act.