2025 (3) TMI 1332 - HC - GST

Refund of unutilized Input Tax Credit (ITC) under Section 54(3) of the Central Goods and Services Tax (CGST) Act 2017 due to an inverted tax structure - Works contract or supply of services - HELD THAT - A perusal of the material on record will indicate that in relation to the very same petitioner under identical circumstances in M/S. ITD CEMINDIA JV VERSUS THE JOINT COMMISSIONER OF COMMERCIAL TAXES (APPEALS) 5 BANGALORE THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES (LGSTO) BANGALORE 2024 (8) TMI 1538 - KARNATAKA HIGH COURT held that the impugned orders passed by the respondents deserve to be set aside and the refund claim of the petitioner deserves to be allowed with a direction to the respondents to make the refund together with applicable interest within a stipulated timeframe. The aforesaid order passed by this Court in relation to the very same petitioner is directly and squarely applicable to the facts of the present case also and consequently the present writ petition deserves to be allowed and disposed of in terms of the aforesaid order. Conclusion - The respondents are directed to consider the subject refund claims / applications of the petitioner and make payment together with applicable interest to the petitioner within a period of six weeks from the date of receipt of a copy of this order. The impugne dorder is quashed - petition allowed.

Summary

ISSUES PRESENTED and CONSIDERED

The core legal issues considered in this judgment include:

1. Whether the petitioner is entitled to a refund of unutilized Input Tax Credit (ITC) under Section 54(3) of the Central Goods and Services Tax (CGST) Act, 2017, due to an inverted tax structure.

2. Whether the activities carried out by the petitioner qualify as a "works contract" under Entry 6(a) of Schedule II to the CGST Act, or as a supply of services under Entry 5(b), affecting eligibility for refunds.

3. The applicability and interpretation of Notifications No. 15/2017, 20/2017, and subsequent notifications concerning the exclusion of certain services from refund eligibility.

ISSUE-WISE DETAILED ANALYSIS

1. Entitlement to Refund of Unutilized ITC

Relevant Legal Framework and Precedents: The petitioner sought a refund under Section 54(3) of the CGST Act, which allows for refunds of unutilized ITC in cases of an inverted tax structure. The court referenced the statutory provisions and relevant notifications that govern refund eligibility.

Court's Interpretation and Reasoning: The court analyzed the statutory framework and previous judgments, particularly focusing on whether the petitioner's activities were classified correctly under the CGST Act. The court emphasized the distinction between service contracts and composite works contracts as established in prior Supreme Court rulings.

Key Evidence and Findings: The court examined the contract agreement between the petitioner and the Bangalore Metro Rail Corporation (BMRCL), which indicated that the activities were indeed a "works contract" as per the statutory definition.

Application of Law to Facts: The court applied the legal definitions and precedents to the facts, concluding that the petitioner's activities were wrongly classified by the respondents, thus entitling them to a refund.

Treatment of Competing Arguments: The respondents argued that the petitioner's activities were excluded from refunds under certain notifications. However, the court found these arguments unpersuasive in light of the correct classification of the petitioner's activities.

Conclusions: The court concluded that the petitioner was entitled to the refund claimed, as their activities were misclassified and not excluded from refund eligibility.

2. Classification of Activities as Works Contract

Relevant Legal Framework and Precedents: The court referred to the definitions under the CGST Act and previous judgments to determine the correct classification of the petitioner's activities.

Court's Interpretation and Reasoning: The court relied on the statutory definition of "works contract" and previous Supreme Court judgments to interpret the classification of the petitioner's activities.

Key Evidence and Findings: The contract agreement and the nature of the activities were pivotal in determining that the petitioner was engaged in a works contract.

Application of Law to Facts: By applying the statutory definitions, the court found that the petitioner's activities fell under Entry 6(a) of Schedule II, qualifying them as a works contract.

Treatment of Competing Arguments: The respondents' reliance on certain notifications to argue exclusion from refunds was rejected, as these notifications did not apply to works contracts.

Conclusions: The court concluded that the petitioner's activities were correctly classified as a works contract, making them eligible for the claimed refunds.

3. Applicability of Notifications

Relevant Legal Framework and Precedents: The court examined the series of notifications issued under the CGST Act, particularly Notifications No. 15/2017, 20/2017, and subsequent amendments.

Court's Interpretation and Reasoning: The court interpreted these notifications in the context of their applicability to the petitioner's refund claims. It noted that the notifications did not exclude works contracts from refund eligibility.

Key Evidence and Findings: The court found that the notifications relied upon by the respondents were either not applicable or had been superseded by subsequent notifications that did not exclude works contracts.

Application of Law to Facts: The court applied the notifications to the facts, finding that the petitioner was not excluded from claiming refunds for the relevant periods.

Treatment of Competing Arguments: The respondents' arguments based on these notifications were dismissed as they were either misapplied or outdated.

Conclusions: The court concluded that the relevant notifications did not bar the petitioner from claiming refunds, and thus the refund claims should be allowed.

SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning: "The said findings recorded by the respondents for the purpose of rejecting the refund claim of the petitioner deserve to be set aside and the refund claim of the petitioner deserves to be allowed."

Core Principles Established: The judgment reinforced the principle that correct classification under the CGST Act is crucial for determining refund eligibility and that works contracts are not excluded from refund claims under the relevant notifications.

Final Determinations on Each Issue: The court quashed the impugned orders and directed the respondents to process the refund claims of the petitioner, along with applicable interest, within a specified timeframe.