9911796707
TMI Blog2024 (1) TMI 623X X X X Extracts X X X X X X X X Extracts X X X X ..... Business Process Outsourcing company, which exports services under a letter of undertaking, without payment of IGST, and avails of refund of unutilised Input Tax Credit (ITC) under Section 16(3) of the Integrated Goods and Services Tax Act, 2017 read with Section 54 of the Central Goods and Services Tax Act, 2017 (the CGST Act). 3. During the period running from April 2018 to March 2019, the petitioner exported services of the aggregate value of Rs. 10,12,26,441/- to overseas recipients. Upon issuing invoices, payments were received under Foreign Inward Remittance Certificates (FIRC). Thereafter, the petitioner filed a refund application in respect of unutilised ITC under Section 54 of the CGST Act on 04.09.2020. Upon receipt of such appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. If computed by permitting the benefit of the above notification, learned counsel submitted that the claim for refund is within time. 5. In response to this contention, Mr.M.Santhanaraman, learned Senior Standing Counsel, submits that the petitioner should have responded online to the show cause notice dated 29.09.2020 and that the show cause notice indicates that a sum of Rs. 9,22,424/- was rejected as a wrong ITC claim. Since the petitioner did not reply in the manner required, it is submitted that the petitioner is not entitled to the disallowed refund claim. 6. Upon taking note of the rival contentions, the issue that falls for consideration is whether the petitioner was entitled to refund if the petitioner could avail of the exclus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vernment of India in the Ministry of Finance (Department of Revenue), No.35/2020-Central Tax, dated the 3rd April, 2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 235(E), dated the 3rd April, 2020 and No.14/2021-Central Tax, dated the 1st May, 2021, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section(i), vide number G.S.R. 310(E), dated the 1st May, 2021, the Government, on the recommendations of the Council, hereby:- (i) .. .. (ii) .. .. (iii) excludes the period from the 1st day of March, 2020 to the 28th day of February, 2022 for computation of period of limitation for filing refund application under section 54 or section 55 of the said Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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