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The appellant is not entitled for refund of such case as he totally failed to follow the proper/legal procedure prescribed under the CGST Act/Rules for adjustment of excess payment if any lying with appellant consequently.

Section 54 of the CGST Act, 2017 — Refund —The appellant filed the application for refund amounting to Rs.3,37,500/- on 31.08.2020. On scrutiny of refund, the adjudicating authority issued a SCN dated 09.09.2020 proposing rejection of refund claim on the ground that as per Circular No.137/07/2020-GST dated 13.04.2020, in case GST is paid by the supplier on advances received for a future event which got cancelled subsequently and for which invoice is issued before supply of service, the supplier is required to issue a "credit note" in terms of section 34 of the Act. In the instant case, the taxpayer has not submitted credit note issued in terms of section 34. After considering the reply/submissions of the appellant the adjudicating authority has rejected the refund claim. Being aggrieved with the impugned Order dated 16.09.2020 , the appellant has filed the appeal. The authority observed that the appellant is not entitled for refund of such case as he totally failed to follow the proper/legal procedure prescribed under the Act/Rules for adjustment of excess payment if any lying with appellant consequently.

Held that:- The Hon’ble authority hold the order of adjudicating authority and rejected the appeal.

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