Case Law Details
Lightspeed India Partners Advisors LLP Vs Commissioner Central Tax (Appeals) (CESTAT Delhi)
Since the GST regime has done away with the ST 3 return, there remain no provision in GST system to reflect the refund claim in the CENVAT credit balance. The only option was to show its reversal in the Books of accounts. Such reversal still amounts to non availment of Credit and refund whereof remains eligible.
In the present case, the reversal was shown in the Books of Accounts prior to filing of refund claim, there seems no reason, in my opinion, for rejection of such a claim. Tribunal -Bangalore in another case of Inguest Technologies Software (P) Ltd. (supra) has allowed the refund clam of such transitional period when the reversal from Books of accounts was shown even after filing of refund. Keeping in view the entire above discussion, the rejection of two refund claims for the period January, 2017 to March 2017 and April, 2017 are held to have wrongly been rejected.
FULL TEXT OF THE CESTAT DELHI ORDER
The present appeal has been filed to assail the Order-in-Appeal No. 41/20220-21 dated 31.3.2021. The relevant facts in brief are as follows:
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