NOTIFICATIONS
Notifications |
Subject |
Seeks to extend dates of specified compliances in exercise of powers under section 168A of CGST Act |
CIRCULARS
Circular No. |
Subject |
Circular No. 166/22/2021-GST dt. 17.11.2021 [Sl. No. 1] | Clarification on certain refund related issues |
Circular No. 111/2019 - GST dt. 03.10.2019 | Seeks to clarify procedure to claim refund in FORM GST RFD-01 subsequent to favorable order in appeal or any other forum |
Circular No. 110/2019 - GST dt. 03.10.2019 | Seeks to clarify the eligibility to file a refund application in FORM GST RFD-01 for a period and category. |
Circular No. 137/07/2020-GST dt. 13.04.2020 (Para 6) | Circular clarifying issues in respect of challenges faced by registered persons in implementation of provisions of GST issued |
Manner of filing refund of unutilized ITC on account of export of electricity |
COMMUNITY INSIGHTS
Topic |
Publish Date |
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Pre-Deposit Refund Delayed? Courts Say That's Unconstitutional "Justice delayed is justice denied," they say. But what if it's delayed not by courts—but by portals, procedural rigidity, and a misinterpretation of the word "may"? This is the story of a taxpayer who fulfilled every requirement under the law, won their appeal fair and square, and yet had to knock on the doors of the High Court just to get back what was rightfully theirs—a statutory pre-deposit................... Read More |
05.06.2025 |
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Paid by Mistake? Here's Why Time Limits May Not Block Your Refund Imagine this: A taxpayer, either suo-moto or subsequently, deposits a hefty sum with the tax department. Time passes, the case fizzles out, and two years later, they realize the amount was never actually payable. They rush to claim a refund—only to be told, "Sorry, you’re too late! The two-year window under Section 54(1) has closed". ut is that really the end of the road? Judicial precedents say otherwise........................ Read More |
21.02.2025 |
CASE LAW
Particulars | One liner |
2020(12)LCX0234 Gujarat High Court Comsol Energy Private Limited |
Refund of IGST paid on ocean freight under RCM is allowed with 6% interest stating that the statutory time limit u/s 54 of the CGST Act does not apply to refunds of duty paid under mistake of law in view of section 17 of limitation Act and Article 265 of the Constitution of India. |
Gujarat High Court Darshan Processors |
Order rejecting the refund application is quashed as the original refund application was filed within the legal timeframe. |
Delhi High Court Bharat Sanchar Nigam Limited |
Refund application accompanied by the material evidence cannot be treated as non est and cannot be ignored for the purposes of limitation and further assumption that application to be treated as complete only after furnishing the clarification of further documents required by the proper officer is erroneous. |
Delhi High Court DMI Alternatives Private Limited |
Tax paid under wrong head on 20-12-2017&
same was corrected on 19-8-2019; refund application filed on 11-5-2020
is considered as relevant date as per Circular No. 162/18/2021-GST. |