Refund application on account of Inverted Structure duty can be filed within two years from the due date of filing of return under section 39.
Facts- The appellant is dealing in Precious Stones, Ungraded Precious Stones has filed refund application amounting to Rs. 4,30,000/- for the period of October, 2017 to March, 2018 of accumulated ITC on account of Inverted Tax Structure under Section 54(3) of the CGST Act, 2017
Held- The adjudicating authority after considering the submissions made by the appellant rejecting the refund claim on the following grounds:
- a) The appellant given remarks in the RFD-06 that the claimant is agreed with the show cause notice that he has no objection with respect to rejection of their refund claim.
- b) The refund application filed by the appellant for the period October, 2017 to December, 2017 is clearly time barred as the same was filed by the appellant on 5-2-2020 i.e. after expiry of 2 years from the relevant date as mentioned in sub-section (14) of Section 54 of the CGST Act, 2017 read with sub-section (1) of Section 54 of the CGST Act, 2017.
To read the judgement 2021 Taxo.online 1430
