Tag: inverted duty structure

GST ArticleHigh Court

GST refund can be granted under IDS as per the modified formula

byCA Bimal Jain

The Hon’ble Gujarat High Court in the case of Tirth Agro Technology Pvt. Ltd. & Anr. allowed the writ petitions seeking GST refund under Inverted Duty Structure based on Section 54(3) of the CGST Act read with Rule 89(5) of the CGST Rules. The Assessee filed a rectification application for differential refund as per the amended formula which was rejected by issuance of SCN on the ground that refund as per the old formula was already granted to the Assessee…

AARGST Article

Benefit of refund cannot be claimed under Inverted Duty Structure relating to manufacturing of non-edible neem oil

byCA Bimal Jain

The AAR, Uttar Pradesh in the case of In Re. M/s Pooja Solvent Private Limited ruled that non-edible neem oil would be classifiable under HSN Code 1515 and the provisions of Notification No. 09/2022-Central Tax (Rate) dated July 13, 2022 would be applicable and therefore, the benefit of refund cannot be claimed under Inverted Duty Structure relating to manufacturing of non-edible neem oil.