9911796707
TMI Blog2020 (10) TMI 849X X X X Extracts X X X X X X X X Extracts X X X X ..... n account of Inverted Tax Structure. Further, Appellant has also stated that due to lack of proper knowledge of rules and regulation they ignorantly ticked the last column Any Other Category instead of refund on account of ITC accumulated on account of Inverted Tax Structure under Section 54 (3) (ii) of the CGST Act, 2017. Section 54(3) of the CGST Act provides that refund of any unutilized ITC may be claimed where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies (other than nil rated or fully exempt supplies). Further, Section 2(59) of the CGST Act defines inputs as any goods other than capital goods used or intended to be used by a supplier in the course or furtheranc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l and diesel for supply of Oil and Lubricant etc., The adjudicating authority has rejected the refund claim of ₹ 88,850/- filed by the assessee on account of that the appellant has claimed refund of Input Tax Credit availed on the license fee paid to M/s Indian Oil Corporation under Any Other (Specify) category. 2.2 Further, on scrutiny of refund application and documents submitted by the appellant, the adjudicating authority has found that the appellant claimed the refund of ITC availed on the license fee paid to M/s Indian Oil Corporation under Any Other (Specify) category. The adjudicating authority also found that the claimant neither exported goods/services nor their supplies fall under inverted duty structure. Further, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the credit has accumulated due to the rate of input tax being higher of rate of output tax and therefore the claim of refund was made by the appellant. that due to no proper clarification and understanding the appellant ignorantly ticked the last column Any Other category instead of Refund on account of ITC accumulated due to inverted tax structure , understanding it to be a general column, this was done ignorantly and the right of appellant can not be taken away, but the assessing authority, without any verification of document and without given any opportunity, rejected the refund application which is entirely illegal, against the provision of law and against the principle of natural justice. that it was also submitted by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the CGST Act, 2017 in respect of unutilized Input Tax Credit of ₹ 88,850/- for the month of March-2018 accumulated on account of Inverted Tax Structure. Further, Appellant has also stated that due to lack of proper knowledge of rules and regulation they ignorantly ticked the last column Any Other Category instead of refund on account of ITC accumulated on account of Inverted Tax Structure under Section 54 (3) (ii) of the CGST Act, 2017. 7. The relevant portion of Section 54(3) of the CGST Act, 2017 reads as under:- Subject to the provisions of sub-section (10), a registered person may claim refund of any unutilised input tax credit at the end of any tax period Provided that no refund of unutilised input tax credit sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er than capital goods used or intended to be used by a supplier in the course or furtherance of business. Thus, inputs do not include services or capital goods. The Licence Fee paid by the appellant to M/s Indian Oil Corporation does not fall under the definition of inputs as provided under Section 2(59) of CGST Act, 2017. Further, also Licence Fee is not an input for the outward supply of lubricants, Distil water and PUC (pollution under certificate). Therefore, the refund claim filed by the appellant in the instant case does not fall under the category of refund on account of Input Tax Credit accumulated on account of inverted duty structure as provided under Section 54(3) of CGST Act, 2017. Thus the appellant is not entitled to refund. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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