Excess tax paid through ITC should be re-credited in Form PMT-03, accordingly, proper officer directed to process the same in accordance with the provisions of Rule 86 (4A) read with Rule 92 (1A) of CGST Rules.
Section 54 of the CGST Act, 2017 — Refund — The appellant engaged in business of local and Export sale of precious and semiprecious stones and/or jewellery has filed refund application on 14.10.2020. The adjudicating authority issued a SCN proposing rejection of refund claim. Further, the adjudicating authority rejected the refund claim on 29.10.2020. Being aggrieved with the impugned order, the appellant has filed the appeal. The authority observed that if any registered person has claimed any refund amount paid as Tax wrongly paid or paid in Excess for which debit has been made from the Electronic Credit Ledger the said amount shall be re-credited by an order in Form of PMT-03 to the Electronic Credit Ledger of the registered person. There is a force in the appellant contention that excess tax paid through ITC should be re-credited in Form PMT-03.
Held that:- The Hon’ble authority allowed the appeal and ordered to the proper officer to process the same in accordance with the above provisions of rules.
Excess tax paid through ITC should be re-credited in Form PMT-03, accordingly, proper officer directed to process the same in accordance with the provisions of Rule 86 (4A) read with Rule 92 (1A) of CGST Rules.
Section 54 of the CGST Act, 2017 — Refund — The appellant engaged in business of local and Export sale of precious and semiprecious stones and/or jewellery has filed refund application on 14.10.2020. The adjudicating authority issued a SCN proposing rejection of refund claim. Further, the adjudicating authority rejected the refund claim on 29.10.2020. Being aggrieved with the impugned order, the appellant has filed the appeal. The authority observed that if any registered person has claimed any refund amount paid as Tax wrongly paid or paid in Excess for which debit has been made from the Electronic Credit Ledger the said amount shall be re-credited by an order in Form of PMT-03 to the Electronic Credit Ledger of the registered person. There is a force in the appellant contention that excess tax paid through ITC should be re-credited in Form PMT-03.
Held that:- The Hon’ble authority allowed the appeal and ordered to the proper officer to process the same in accordance with the above provisions of rules.