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Fees, Penalty Refund claim limit

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..... Fees, Penalty Refund claim limit
Query (Issue) Started By: - Krishna V Dated:- 26-9-2019 Last Reply Date:- 27-9-2019 Goods and Services Tax - GST
Got 5 Replies
GST
As per section 54(14), refund claim less than ₹ 1000 can not be claimed. Whether it is applicable for claiming refund of fees / penalty / Excess cash. Please advice. Reply By Alkesh Jani: The Reply: Sir, The Sectio .....

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..... n 54(14) of CGST Act, 2017 is given below :- "(14) Notwithstanding anything contained in this section, no refund under sub-section (5) or sub-section (6) shall be paid to an applicant, if the amount is less than one thousand rupees." The plain reading implies that if any claim of refund is filed under Sub-section (5) of Sub-section (6) of Section 54, the amount of refund claim shall no .....

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..... t be less than one thousand rupees. However, it does not apply to refund claim filed under other than sub-section (5) & (6). Any person can file refund claim for any other amount under Section 54(1) within two years. The relevant date given at the end of the section may also be taken into account. Any other views in the matter is high solicited. Thanks Reply By KASTURI SETHI: The Reply: I agr .....

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..... ee with Sh.Alkesh Jani Ji. Refund is admissible. See Section 54(8)(e) (e) the tax and interest, if any, or any other amount paid by the applicant, if he had not passed on the incidence of such tax and interest to any other person. Any other amount covers fee, penalty etc. Reply By atul rathod: The Reply: Refund can be applied under Sec 54(1). Refund would be granted by order under sec 54(5). .....

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..... Any refund eligible less than 1,000/- under sec 54(5) cannot be paid to applicant in terms of sec 54(14). Every refund filed under Sec 54(1) would be routed through order passed by officer under Sec 54(5) & restriction for less than ₹ 1,000/- is given in 54(14). Even for excess cash, penalty, late fee cannot be paid to applicant if the same amounts to less than ₹ 1,000/-. Reply By K .....

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..... ASTURI SETHI: The Reply: No Govt. can usurp taxpayer's money nonetheless the jugglery of words in the language of law. If any Court of law allows relief, Govt. cannot refuse. I have seen people fighting for ₹ 2/- with the Post Office and Govt. had to pay/compensate with cost of litigation. Govt. is not above constitution. Practically no assessee would like to waste time and energy over .....

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..... such trivial matters. Reply By Krishna V: The Reply: I thank all experts
Discussion Forum - Knowledge Sharing .....

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