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Central Excise - Highlights / Catch Notes

Home Highlights August 2021 Year 2021 This

Refund of cash amount deposited in PLA account - time limitation ...


Entitled to Cash Refund from PLA Account Under GST Act; One-Year Time Limit Not Applicable Per Section 142(3.

August 17, 2021

Case Laws     Central Excise     AT

Refund of cash amount deposited in PLA account - time limitation of period of one year - on 1st July, 2017 the new Act of Goods and Service Tax Act (GST) was rolled down. Section 142 (3) of the said Act permits the refund of any amount other than duty, tax, interest or Cenvat Credit has to be paid to the assessee in cash - the amount in question was appellant’s own money and he was fully entitled to get the refund of the same that too in cash. This amount cannot been made subjected to any other appropriation. Nor the time limit under Section 11B of CEA can be invoked when such money is sought to be refunded. - AT

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