Section 54 of the CGST Act, 2017 — Refund –-- The Petitioner sought setting aside the Impugned Order in Appeal dated 09.04.2021 confirming the Order No.19/2020- Refund dated 04.01.2021 for rejecting the claim for Refund of Rs.77,91,857/- liable to the Petitioner for the year April, 2019 to March, 2020. The counsel for the petitioner submitted that the Board has issued a clarificatory Circular dated 06.07.2022 clarifying paragraph 3.2 of the Circular dated 31.03.2020 relied upon by respondent while rejecting the refund application of the petitioner. The counsel for respondent submitted that applicability of the Circular dated 06.07.2022, cannot be applied retrospectively. The court observed that the Circular dated 06.07.2022 is clarificatory in nature whereby paragraph 3.2 of the Circular dated 31.03.2020 has been substituted. Being clarificatory, Circular dated 06.07.2022 inserting the above clarification would have the effect from the date when Circular dated 31.03.2020 came into effect.  

Held that:- The Hon’ble High Court set aside the orders dated 04.01.2021 and dated 09.04.2021. The matter is remanded back to respondent No.6 for re-consideration in terms of the Circular dated 06.07.2022. Let the above exercise on remand be carried out by respondent No.6 within a period of eight weeks.