The appellant has filed their refund claim in wrong category, accordingly rejection of refund claim of the appellant is correct and proper.
Section 54 of the CGST Act, 2017 — Refund — The appellant filed refund application amounting to Rs. 4,30,000/- for the period of October, 2017 to March, 2018 of accumulated ITC on account of Inverted Tax Structure under Section 54(3) of the Act, 2017. The adjudicating authority observed the refund application is filed after expiry of two years from the relevant date and accordingly issued a SCN dated 4-3-2020. Thereafter, the adjudicating authority vide impugned Order-in-Original dated 11-3-2020 rejected the refund claim amounting to Rs. 4,30,000/- with remarks that the claimant is agreed with the SCN that he has no objection with respect to rejection of their refund claim. Being aggrieved with the impugned order 11-3-2020, the appellant has filed appeal. The authority observed that the appellant’s claim that time limit has not been specifically mentioned on the refund of unutilized ITC is incorrect and not acceptable. Further the refund application has been filed by the appellant on account of ITC accumulated due to Inverted Tax Structure whereas the appellant stated in the appeal that he has closed his business due to this reason the IGST paid in cash on import of goods is lying unutilized by him. The appellant has filed their refund claim in wrong category as it is not a case of Inverted Duty Structure as given in the pro¬ vision under Section 54(3) of Act, 2017.
Held that:- The Hon’ble authority rejected the appeal.
The appellant has filed their refund claim in wrong category, accordingly rejection of refund claim of the appellant is correct and proper.
Section 54 of the CGST Act, 2017 — Refund — The appellant filed refund application amounting to Rs. 4,30,000/- for the period of October, 2017 to March, 2018 of accumulated ITC on account of Inverted Tax Structure under Section 54(3) of the Act, 2017. The adjudicating authority observed the refund application is filed after expiry of two years from the relevant date and accordingly issued a SCN dated 4-3-2020. Thereafter, the adjudicating authority vide impugned Order-in-Original dated 11-3-2020 rejected the refund claim amounting to Rs. 4,30,000/- with remarks that the claimant is agreed with the SCN that he has no objection with respect to rejection of their refund claim. Being aggrieved with the impugned order 11-3-2020, the appellant has filed appeal. The authority observed that the appellant’s claim that time limit has not been specifically mentioned on the refund of unutilized ITC is incorrect and not acceptable. Further the refund application has been filed by the appellant on account of ITC accumulated due to Inverted Tax Structure whereas the appellant stated in the appeal that he has closed his business due to this reason the IGST paid in cash on import of goods is lying unutilized by him. The appellant has filed their refund claim in wrong category as it is not a case of Inverted Duty Structure as given in the pro¬ vision under Section 54(3) of Act, 2017.
Held that:- The Hon’ble authority rejected the appeal.