Vishnu Avtar Methi – 2021 (52) G.S.T.L. 250 (Commr. Appl. – GST – Rajasthan)

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:

  1. 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.
  2. 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.

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