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Goods and Services Tax

GST refund claim filed after 2 years from the payment of Tax gets time barred

Case Law Details

TaxGuru Citation
2022 taxguru.in 177
Case Name
Quest Global Engineering Services Private Limited Vs Deputy Commissioner (Madras High Court)
Date of Judgement/Order
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Quest Global Engineering Services Private Limited Vs Deputy Commissioner (Madras High Court)

Neutralise alleged excess GST payments through credit note as refund application is time barred

The Hon’ble Madras High Court in Quest Global Engineering Services Private Limited vs The Deputy Commissioner of GST and Central Excise [W.P. No. 12105 of 2020 and WMP No. 14844 of 2020 dated December 12, 2021] directed the taxpayer/assessee to provide proper credit notes to neutralise the alleged excess GST payment as refund claim filed by the taxpayer/assessee is barred by limitation.

Facts

In this case Quest Global Engineering Services Private Limited (“the Petitioner” or “Transferor Company”), wrongly paid tax on ‘non supply of any services either wholly or partially’. Accordingly, the Petitioner filed for refund claim on filed on May 30, 2020 which was after the time limit given under the Section 54 of the Central Goods and Services Tax Act, 2017 (“the CGST Act”).

The Petitioner contended that there was a wrong entry, the system picked up wrong invoices in which tax was already paid by the transferor company and reflected in returns.

Accordingly, refund claim under Section 54 of the CGST Act was rejected by the department as it was barred by limitation.

Issue

Whether the Petitioner is entitled to refund claimed beyond the limitation period?

Held

The Hon’ble Madras High Court in W.P. No. 12105 of 2020 and W.M.P. No. 14844 of 2020 dated on December 12, 2021 held as under:

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Author Info

Bimal Jain
Name: Bimal Jain
Qualification: LL.B / Advocate
Company: A2Z Taxcorp LLP
Location: Delhi, Delhi
Articles Published: 2,916

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