NOTIFICATIONS

Notifications

Subject

Notification No. 13/2022-Central Tax dt.05.07.2022

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

Circular No. 175/07/2022-GST dt.06/07/2022

Manner of filing refund of unutilized ITC on account of export of electricity

COMMUNITY INSIGHTS

Topic

Publish Date

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

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.

2024(07)LCX0341

Gujarat High Court

Darshan Processors

Order rejecting the refund application is quashed as the original refund application was filed within the legal timeframe.

2024(04)LCX0551

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.

2024(04)LCX0343

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.