The refund/recredit of excess payment through Form GST PMT-03 cannot be granted/recredited as amended rule shall not be applicable retrospectively.
Section 54 of the CGST Act, 2017 — Refund — The appellant filed the application for refund of IGST paid on export of goods. The adjudicating authority has found refund claim inadmissible on the ground that the refund claim cannot be sanctioned in cash as per Rule 86 read with Circular No. 135/05/2020, dated 31-3-2020 and accordingly, passed the Order-in-Original dated 28-7-2020 and rejected the refund claim. Being aggrieved with the impugned Order, the appellant has filed the appeal on 23-11-2020. The authority observed that the amendment in Rule 86(4)(A) and sub-rule (1)(1A) of Rule 92 has been made and same was made effective from 31-3-2020 whereas, the period of refund claim in the instant case pertains to the period of January, 2020. Thus, the amended rule is not applicable in the instant case.
Held that:- The Hon’ble authority rejected the appeal filed by the appellant.
The refund/recredit of excess payment through Form GST PMT-03 cannot be granted/recredited as amended rule shall not be applicable retrospectively.
Section 54 of the CGST Act, 2017 — Refund — The appellant filed the application for refund of IGST paid on export of goods. The adjudicating authority has found refund claim inadmissible on the ground that the refund claim cannot be sanctioned in cash as per Rule 86 read with Circular No. 135/05/2020, dated 31-3-2020 and accordingly, passed the Order-in-Original dated 28-7-2020 and rejected the refund claim. Being aggrieved with the impugned Order, the appellant has filed the appeal on 23-11-2020. The authority observed that the amendment in Rule 86(4)(A) and sub-rule (1)(1A) of Rule 92 has been made and same was made effective from 31-3-2020 whereas, the period of refund claim in the instant case pertains to the period of January, 2020. Thus, the amended rule is not applicable in the instant case.
Held that:- The Hon’ble authority rejected the appeal filed by the appellant.