By this petition the petitioner has challenged the order whereby the prayer for refund of CGST & SGST wrongly paid in excess of the tax due under Section 77 has been declined. The petition is allowed and respondents are directed to refund which was deposited earlier by the petitioner towards CGST and SGST along with applicable interest within a period of one month.
Section 77 of the CGST Act, 2017—Refund– Tax wrongfully collected and paid-- The petitioner challenged the order dated 19.02.2021 passed by the appellate authority whereby the prayer for refund of Rs. 108 crores approximately wrongly paid on 5.4.2019 in excess of the tax due under Section 77 of the Act, 2017 has been declined. The petitioner submitted that during the initial stage of GST the complete break up of individual transactions was not available to the petitioner and in the absence thereof for the period April 2018 to December 2018 the petitioner paid CGST and SGST of about Rs. 108 crores approximately considering the transactions to be intra-state sales. The Government of India, Ministry of Finance, issued Circular bearing No. F.No.CBIC-20001/8/2021-GST dated 25.9.2021 and in view of this clarification there can be no dispute that at least one amount of Rs. 108 crores approximately has to be refunded to the petitioner. The court observed that it was on the requirement of the respondents that the petitioner paid an additional amount of Rs. 108 crores approximately.
Held that:-The Hon’ble High Court allowed the petition and directed the respondents to refund Rs. 108 crores approximately which was deposited earlier by the petitioner towards CGST and SGST along with applicable interest within a period of one month.
By this petition the petitioner has challenged the order whereby the prayer for refund of CGST & SGST wrongly paid in excess of the tax due under Section 77 has been declined. The petition is allowed and respondents are directed to refund which was deposited earlier by the petitioner towards CGST and SGST along with applicable interest within a period of one month.
Section 77 of the CGST Act, 2017—Refund– Tax wrongfully collected and paid-- The petitioner challenged the order dated 19.02.2021 passed by the appellate authority whereby the prayer for refund of Rs. 108 crores approximately wrongly paid on 5.4.2019 in excess of the tax due under Section 77 of the Act, 2017 has been declined. The petitioner submitted that during the initial stage of GST the complete break up of individual transactions was not available to the petitioner and in the absence thereof for the period April 2018 to December 2018 the petitioner paid CGST and SGST of about Rs. 108 crores approximately considering the transactions to be intra-state sales. The Government of India, Ministry of Finance, issued Circular bearing No. F.No.CBIC-20001/8/2021-GST dated 25.9.2021 and in view of this clarification there can be no dispute that at least one amount of Rs. 108 crores approximately has to be refunded to the petitioner. The court observed that it was on the requirement of the respondents that the petitioner paid an additional amount of Rs. 108 crores approximately.
Held that:-The Hon’ble High Court allowed the petition and directed the respondents to refund Rs. 108 crores approximately which was deposited earlier by the petitioner towards CGST and SGST along with applicable interest within a period of one month.