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Search results for: GST refund

Delhi HC's Order for M/s. Indian Herbal Store Pvt. Ltd

Delhi HC: Modification to GST Rule 89(4)(c) is Not Retroactive, Which Caps “Export Turnover” and Restricts Refunds

The Honorable Delhi High Court, in the matter of M/s. Indian Herbal Store Pvt. Ltd. vs. Union of India [W.P.(C) 9908/2021 and W.P.(C) 9912/2021 dated September 15, 2023], granted the writ petition and ruled that Rule 89(4)(C) of the Central Goods and Services Rules, 2017 (“the CGST Rules”) should not be applied retrospectively. The Honorable […]

Delhi HC's Order for Ohmi Industries Asia Private Limited

Delhi HC: GST Rule 89(4) Not Applicable on Refund of Integrated Tax Paid on Zero-Rated Supplies

In a recent ruling, the Delhi High Court guided regarding the reimbursement of integrated tax paid on zero-rated supplies in GST, stating that such cases do not fall under the purview of Rule 89(4) of the Central Goods and Services Tax Rules, 2017. The court, comprising Justice Vibhu Bakhru and Justice Amit Mahajan, emphasised that […]

Delhi HC's Order for Association of DNB Doctors

Delhi HC: GST Must Be Refunded, Charged from DNB Candidates

The Delhi High Court has ordered the National Board of Examinations (NBE) to file an affidavit revealing the names of all candidates from whom the course fee and GST were collected, holding that the GST collected from Diplomate National Board (DNB) candidates against the course fee paid by them must be refunded. The NBE, which […]

Delhi HC's Order for M/S Balaji Exim

Delhi HC: Allegations of Bogus GST Credit Cannot Be a Reason for Denying Refund

The allegations of claiming the bogus credit could not be the basis for refusing the applications for the refund held by the Delhi High court until the same would be accomplished that the applicant does not obtain the goods or paid for them. The applicant is qualified for the GST ITC refund on the goods […]

Calcutta HC's Order Ajay Kumar Maheshwari

HC: No GST Penalty and Interest If Refund Credited by Authorities Mistakenly

The petitioner filed this writ petition because he was offended by the respondent WBGST Authority’s request that he return the amount in question, along with any applicable penalties and interest, which the respondent authorities claim was reimbursed in error. By an earlier decision of this court dated January 9, 2023, Mr. Bag, a learned advocate […]

Madras HC's Order for Easwaran Brothers India Private Limited

GST: Two Options for the Dealer Either Select ITC Refund or Carry Forward

The Madras High court ruled, the dealer holds with 2 choices: refund or carry forward the Input tax credit to the GST regime. A single bench of Justice M. Sundar, the dealer could not be forced to choose one of the two i.e refunds or carry forward Input tax credit to the GST regime. The […]

Short Summary of GST Circular No. 188/20/2022

GST Circular No. 188/20/2022 for Refund by an Unregistered Person

The method for submitting a request for a refund by an unregistered person under the GST system has been defined by the Central Board of Indirect Taxes and Customs (CBIC). Considering the cases that have been brought to light, where unregistered purchasers, had a contract or arrangement with a builder for the provision of services […]

GST Instructions No. 4/2022 for IGST Refunds

GST Instruction No. 04/2022 for Refund of IGST Processing & Sanction

The Central Board of Indirect Taxes and Customs (CBIC) specified the way of processing and sanctioning IGST refunds, upheld for clause (c) of sub-rule (4) of rule 96, transmitted to the jurisdictional GST authorities under sub-rule (5A) of rule 96 of the Central Goods and Service Tax Rules, 2017. Under the rule, CBIC laid on […]

Tamil Nadu GST Dept Circular No.11/2022 for Incorrect Refund

TN GST: Circular No.11/2022 for Re-Crediting Refund Amount in Credit Ledger

The process for re-crediting the amount in the electronic credit ledger using FORM GST PMT-03A has been notified by the Tamil Nadu GST Department. If the refund is wrongly sanctioned, the amount paid by the taxpayer, along with interest and penalty, can be re-credited to the GST electronic credit ledger through Form PMT-03A. It came […]

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