2025 (1) TMI 397 - HC - GST

Rejection of refund of inputs on account of inverted rate of duty structure - Scope of the term Services in the formula for refund - HELD THAT - The instant petition is disposed of with liberty to the petitioner-Firm to move a fresh application seeking refund in the spectrum of service, which is covered by the amendment in law. Such application shall be decided by the respondents strictly in accordance with the retrospective amendment made in the Rule 89 Sub-Rule (5) of CGST Rules, 2017 and also in accordance with the other laws applicable. Accordingly, the respondents shall be required to operate the GST portal.

Summary

The Rajasthan High Court, comprising Hon'ble Dr. Justice Pushpendra Singh Bhati and Hon'ble Mr. Justice Munnuri Laxman, addressed a civil writ petition under Article 226 of the Constitution of India. The petitioner sought relief for a refund of tax collected and an injunction against further action based on a notice.

The petitioner argued that under Section 54(3) of the Central Goods and Services Tax Act, 2017 (CGST Act), they were entitled to a refund due to an inverted rate of duty structure. However, their refund application was initially rejected. The petitioner highlighted an amendment to Rule 89(5) of the CGST Rules, 2017, via Notification No. 26/2018, which retrospectively included 'Services' in the refund formula, effective from July 1, 2017. This amendment justified a fresh application for refund consideration.

Counsel for the respondents acknowledged the correctness of the initial dismissal but conceded that the retrospective amendment warranted a fresh application under the amended rule. The court granted the petitioner the liberty to file a new refund application, which must be adjudicated per the retrospective amendment and applicable laws. The GST portal will be operated to facilitate this process, which must be completed within three months from the receipt of the court's order.