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2024 (10) TMI 1041 - HC - GSTRejection of refund claim with interest - Interpretation of Section 50 of the CGST Act, 2017 - HELD THAT - Considering the affidavit and the position reflected the impugned order dated 18 August 2021 is set aside and the respondents are directed to refund to the petitioner the amounts claimed i.e., Rs. 9,26,570/- within four weeks from today.
Issues:
Challenge to order declining refunds by Joint Commissioner (Appeals) | Interpretation of Section 50 of the CGST Act, 2017 | Eligibility for refunds claimed | Calculation of interest on wrongly availed input tax credit | Impact of amended provisions on interest payable | Directive for refund to the petitioner Analysis: The petitioner challenged the order dated 18 August 2021 by the Joint Commissioner (Appeals) that denied refunds. The appeal against this order lay before the GST Tribunal, which was non-functional, leading to the filing of the present petition. The Commissioner CGST and Central Excise acknowledged the petitioner's eligibility for refunds claimed, citing amendments to Section 50 of the CGST Act, 2017. The amended provision addressed the payment of interest on wrongly availed input tax credit, specifying the manner of calculation and the period for which interest is applicable. The affidavit highlighted that interest is payable only when the balance in the electronic credit ledger falls below the amount of input tax credit wrongly availed. It noted that the petitioner had availed TRAN-1 Credit but had not utilized it until July 2018, resulting in the department levying interest for wrongfully withholding the notional amount. The amended provisions subsequent to the appeal order and before the writ petition clarified that no interest was payable by the petitioner on the excess credit availed and subsequently reversed. Based on the affidavit and the clarified position, the High Court set aside the impugned order and directed the respondents to refund the claimed amounts to the petitioner within four weeks. The judgment was made absolute with no costs imposed, considering the fair approach of the respondents and their counsel. All parties were instructed to act upon an authenticated copy of the order for compliance with the directive for refund to the petitioner.
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