Facts of the Case
- The
petitioner was engaged in the business of trading coal.
- It
claimed entitlement to refund of GST paid on eligible supplies under Section
54 of the CGST Act, 2017, read with Rule 89 of the CGST Rules.
- Refund
applications for the tax periods July 2017 to March 2018 and April
2018 to March 2019 were filed on 15.09.2021.
- The
department issued notices proposing rejection of the refund claims on the
ground that they were filed beyond the prescribed limitation period.
- The
petitioner submitted replies explaining that the applications were within
time.
- However,
the Proper Officer rejected the refund applications on 05.10.2021,
relying upon the limitation prescribed under Section 54 and Circular
No.157/13/2021-GST dated 20.07.2021.
- Aggrieved
by the rejection, the petitioner approached the Andhra Pradesh High Court
by filing the present writ petition.
Issues Involved
- Whether
the refund applications filed under Section 54 of the CGST Act, 2017
were barred by limitation.
- Whether
the exclusion of limitation granted through the subsequent CBIC
Notification dated 05.07.2022 was applicable to the petitioner's
refund applications.
- Whether
the rejection order dated 05.10.2021 was legally sustainable.
Petitioner's Arguments
- The
petitioner contended that the rejection of the refund applications was
contrary to law.
- It
argued that the Explanation to Section 54 of the CGST Act did not
prescribe a relevant date for supplies made to SEZ units, although such
supplies are treated as zero-rated supplies under Section 16 of the
IGST Act, 2017.
- It
was further submitted that the CBIC Notification dated 05.07.2022
specifically excluded the period from 01.03.2020 to 28.02.2022
while computing limitation for filing refund applications under Sections
54 and 55.
- Therefore,
according to the petitioner, the refund applications filed on 15.09.2021
were well within the permissible limitation period and could not have been
rejected as time-barred.
Respondents' Arguments
- The
State contended that the refund applications had rightly been rejected.
- It
submitted that the Proper Officer had acted strictly in accordance with Circular
No.157/13/2021-GST dated 20.07.2021.
- According
to the respondents, the applications were filed beyond the limitation
prescribed under Section 54 of the CGST Act, and therefore no
illegality could be attributed to the rejection order.
Court Order / Findings
The Andhra Pradesh High Court held that:
- The
petitioner had filed refund applications on 15.09.2021.
- The
subsequent Notification dated 05.07.2022 issued by the Government
of India specifically excluded the period from 01.03.2020 to 28.02.2022
for computing limitation under Sections 54 and 55 of the CGST Act.
- Consequently,
the refund applications could not be treated as barred by limitation.
- The
rejection order dated 05.10.2021 was therefore unsustainable.
- The
Court allowed the writ petition.
- The
impugned order was set aside.
- The
matter was remanded to the Proper Officer for fresh consideration in
accordance with law.
- No
order was passed as to costs.
Important Clarification
This judgment clarifies that:
- The
exclusion of limitation introduced through the CBIC Notification dated
05.07.2022 applies while determining limitation for GST refund
applications under Sections 54 and 55 of the CGST Act.
- Refund
applications cannot be rejected merely on limitation grounds if the
statutory exclusion period makes the application fall within time.
- Authorities
are required to reconsider refund claims after taking the benefit of the
exclusion period into account.
- The
decision reinforces that refund claims must be examined in accordance with
the latest statutory notifications governing limitation.
Sections Involved
- Section
54, Central Goods and Services Tax Act, 2017
- Section
55, Central Goods and Services Tax Act, 2017
- Rule
89, Central Goods and Services Tax Rules, 2017
- Section
16, Integrated Goods and Services Tax Act, 2017
- Circular
No.157/13/2021-GST dated 20.07.2021
- CBIC Notification dated 05.07.2022
Link to Download the Order
https://www.mytaxexpert.co.in/uploads/1785569969_2556compressed.pdf
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