2021 (4) TMI 660 - Commissioner - GST

Permission for withdrawal of appeal - Refund of accumulated ITC - rate of tax on outward supplies is lower than the rate of tax on inward supplies - Inverted Duty Structure under clause (ii) of the proviso to Section 54(3) of the CGST Act, 2017 - HELD THAT - The Authorized Representative of the appellant Sh. Chirag Jain instead of attending personal hearing has sent a E mail dated 10.03.2021 therein he intimated that the appellant has already submitted an application for withdrawal of appeal vide letter dated 19.02.2021 and copy of the same has also been enclosed for reference. That in this context, the appellant does not wish to appear for personal hearing for the same . Further, he wished to withdraw the appeal filed with immediate effect owing to the cash flow crunches in the settlement of tax liabilities of current months. Appeal dismissed as withdrawn.

Summary

Issues:
Refund of unutilized Input Tax Credit on input services and capital goods under the category of Inverted Duty Structure.

Analysis:
The appellant, engaged in the business of manufacturing and selling high-end gold jewelry, filed a refund application for accumulated Input Tax Credit (ITC) under the Inverted Duty Structure for the period from April 2019 to March 2020. The Adjudicating Authority found the refund claim inclusive of input services and capital goods, which was deemed inadmissible under Section 54(3) of the CGST Act, 2017. The Authority clarified that inputs, for the purpose of refund, do not include services or capital goods, as defined in the Act. A show cause notice was issued, leading to the impugned order rejecting the refund claim amounting to ?19,62,436.

The appellant challenged the impugned order on several grounds. Firstly, it was argued that Section 54(3) allows for the refund of "any" unutilized ITC, without restricting it to inputs only. Secondly, the Proviso clause (ii) was interpreted to allow refund when the tax rate on inputs is higher than that on outward supplies, without specifying a limitation to inputs. The appellant contended that restricting the refund to only inputs goes against the intent of the legislature and violates Article 14 of the Constitution of India. Moreover, it was argued that such restriction would defeat the purpose of GST by perpetuating the cascading effect of taxes.

Despite the appellant's grounds for appeal, the Authorized Representative communicated the withdrawal of the appeal due to cash flow constraints in settling tax liabilities. Consequently, the appeal was dismissed as withdrawn, and the appellant's request for withdrawal was allowed by the Additional Commissioner (Appeals).

In conclusion, the judgment clarifies the admissibility of refund claims under the Inverted Duty Structure, emphasizing the distinction between inputs, services, and capital goods for the purpose of claiming unutilized ITC. The appellant's arguments challenging the restriction of refund to inputs were addressed, but the appeal was ultimately dismissed due to the appellant's decision to withdraw based on financial constraints.