Petitioner | Prism Johnson Limited |
Respondent | UOI |
Decision by | Madhya Pradesh High Court |
Date of Order/Judgement | 13-June-2022 |
Citation No. | 2022 (6) GSTPanacea 7 HC Madhya Pradesh WP. 9226 OF 2020 |
Hon’ble Judge | Justice Shri Sheel Nagu Justice Maninder S. Bhatti |
Decision | Partly in Favour of Assessee |
Refund Denied on Unclear Reason-Petitioner may avail the remedy of appeal under section 107 of the CGST Act, 2017 for his claim of unutilized credit.
Refund Denied on Unclear Reason-Facts of the Case
Refund Denied on Unclear Reason-The petitioner/assessee assailed the orders passed by the department refusing the claim for a refund of the accumulated credit of compensation cess.
The principal grounds of challenge were that the refund denied on unclear reasons and the consequential orders of refusal to refund were non-speaking.
Refund Denied on Unclear Reason-Argument before the Court
Refund Denied on Unclear Reason-The department argued that the orders declining refunds contain sufficient justification to keep them from being sacrificed at the altar of natural justice.
The claim made by the petitioner was time barred on the anvil of Section 54 (14) (2) of the Central Goods and Services Tax Act, 2017. In terms of Section 16(4) of the CGST Act, 2017, the claim was untenable on facts and also on law.
Since the petitioner did not avail the input tax credit of compensation cess on coal during the relevant period, the claim for the financial years 2017–18 and 2018–19 was inadmissible.
The department contended that the petitioner submitted the application for refund under the wrong category of “any other,” whereas the correct category was “refund of unutilized ITC on account export without payment of tax.“
The department objected to the maintainability of this petition for the petitioner’s failure to avail the statutory remedy of appeal under section 107 of the CGST Act.
Madhya Pradesh Court Held
Refund Denied on Unclear Reason-The court dismissed the writ petition and stated that the petitioner may avail the remedy of appeal under section 107 of the CGST Act, 2017, which, if availed, within a period of 60 days, then it shall be considered and decided on its own merits without being dismissed on limitation alone.
Download PDF
Prism Johnson Limited
For Reference Visit
Madhya Pradesh High Court