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.
Refund— In the instant case, appellant is having a retail outlet of petrol and diesel for supply of Oil and Lubricant etc., The adjudicating authority has rejected the refund claim 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.
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.
Held that— the refund claim filed by the appellant 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)(ii) of the CGST Act read with rule 89(5) of the CGST Rules, 2017. Accordingly, I reject the appeal filed by the appellant.
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.
Refund— In the instant case, appellant is having a retail outlet of petrol and diesel for supply of Oil and Lubricant etc., The adjudicating authority has rejected the refund claim 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.
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.
Held that— the refund claim filed by the appellant 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)(ii) of the CGST Act read with rule 89(5) of the CGST Rules, 2017. Accordingly, I reject the appeal filed by the appellant.