GSTAT Raipur
For revenue
Case-law directory
Every ruling, in plain sight.
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
Case-law directory
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
2 rulings found
GSTAT Raipur
Where manufacturer claimed refund of unutilised ITC due to inverted duty structure and was sanctioned amount exceeding entitlement under Section 54 read with Rule 89(5), such payment qualified as refund and, if in excess, constituted an 'erroneous refund' recoverable under Section 73, without exclusion based on ITC origin, as confirmed by subsequent rule and circular. GST: Where assessee received refund on inverted-duty structure via RFD-06 order and department did not appeal or seek revision, initiation of recovery proceedings for erroneous refund under Section 73 was permissible as Section 73 operates independently with its own notice and limitation, and non-invocation of appeal or revision mechanisms does not bar such recovery action. GST: Where appellant received erroneous refund of Rs. 90.35 lakhs on inverted-duty structure and paid back principal amount during recovery proceedings without paying interest, interest under Section 50 at 18 percent per annum for delayed period was legally leviable as interest is compensatory, and mere payment of principal did not conclude liability or proceedings under Section 73
GSTAT New Delhi
Where assessee chemical manufacturer engaged Dow Europe GmbH under procurement agreement for vendor identification and negotiation support, and Dow Europe acted independently without authority to bind assessee, services did not qualify as intermediary but as import of services, so place of supply remained in India, making IGST payable under reverse charge with refund claim rightly rejected. GST: Where assessee paid IGST under reverse charge on import of services, reversed related ITC and sought refund, in absence of export and with place of supply being in India, statutory conditions for refund were not met, and thus assessee had no entitlement to refund for the relevant period, warranting dismissal of appeals challenging rejection of refund claims