9911796707
TMI Blog2024 (11) TMI 456X X X X Extracts X X X X X X X X Extracts X X X X ..... read with Section 54 of the GST Act much later to the limitation period and claimed a refund paid under IGST - HELD THAT:- When the amounts remaining in the credit ledger was set off as against the demand, the character of the said amounts which remained in the credit ledger changed and acquired the status of tax recovered by the department. An appeal was filed from the aforesaid demand raised by the Assessing Officer which was allowed on 20.02.2022. The appellate order is also said to have been received only on 15.08.2022. The petitioner has now filed an application for refund of the amounts credited to the credit ledger on the appeal being allowed. Hence, what remains in the credit ledger of the petitioner is the amount of tax recovered w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers; at the same rate of purchase of LPG and to the domestic users, at a lesser rate. As per Section 54(3)(ii) of the Central Goods and Services Tax Act, 2017 (for brevity CGST Act ) read with Rule 89(5) of the Central Goods and Services Tax Rules, 2017 (for brevity CGST Rules ) a refund of such differential tax is provided which is defined by the term Inverted Duty Structure . 3. Section 54 has the nominal heading of Refund of tax under which the refund of higher tax paid on purchase, than that levied on subsequent sale; is provided by sub-section (1). It is also a mandate that such refund application shall be filed before the expiry of two years from the relevant date, in such form and manner as may be prescribed. The petitioner had paid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of refund, for the Financial Year 2018-2019 has been extended till 31.03.2023 by the Central Board of Indirect Taxes and Customs vide its Notification No. 13/2020- Central Tax dated 05.07.2022. 7. The relevant date from which the limitation of two years commence, as noticed in Section 54, in so far as unutilized input tax credit under sub-section (3), is the end of the financial year in which such claim for refund arises; as per Explanation (2)(a). Hence, for the Assessment Year 2018-19, the relevant date would be 31.03.2019 and in that context the expiry of limitation for filing a refund application falls on 31.03.2021. In the present case, the application for refund was made by the petitioner on 12.04.2023. Even as per the notification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r as inverted duty for the purpose of refund. 11. When the amounts remaining in the credit ledger was set off as against the demand, the character of the said amounts which remained in the credit ledger changed and acquired the status of tax recovered by the department. An appeal was filed from the aforesaid demand raised by the Assessing Officer which was allowed, as we indicated hereinabove, on 20.02.2022. The appellate order is also said to have been received only on 15.08.2022. 12. The petitioner has now filed an application for refund of the amounts credited to the credit ledger on the appeal being allowed. Hence, what remains in the credit ledger of the petitioner is the amount of tax recovered which is enabled for refund as per the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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