GST Rulings

Refund limitation for GST wrongly paid

GST was paid but later clarified as not payable by a beneficial circular. In Messrs Aculife Health Care (P.) Ltd. vs. Union of India (R/Special Civil Application No. 17800 of 2023), the Hon'ble Gujarat HC held that the limitation for filing a refund claim would be two years from the date of the circular. Against this, Explanation (h) to Section 54 of the CGST Act provides for a refund claim only within two years from the date of payment of tax. Interestingly, the aforesaid judgment referred to an earlier Division Bench judgment which specifies the limitation as three years from the knowledge of mistake.

The court also observed that, just as citizens have to diligently pay tax which are legally due to the State, equally, as a corollary, the State is not entitled to unjustly enrich itself with amounts collected from citizens which are not sanctioned as "tax" within the meaning of Article 265.

Srinivasan V, Advocate

Recent Posts

P&H HC issues detailed guidelines on ITC denial for supplier’s non-payment

Background According to Section 16(2)(c) of the CGST Act, if tax charged in respect of…

3 weeks ago

Can consequential refund, arising from OIA, be rejected by OIO?

Background Order-in-Original (OIO, which partly rejected refund) was set aside by Order-in-Appeal (OIA). Fresh refund…

1 month ago

Inviolable principles governing Section 74 proceedings

"But for the audit undertaken by the Department, the suppression of facts would have gone…

1 month ago

Non-response to SCN & DRC01A construed as suppression: Madras HC

Background Intimation in DRC-01A and Show Cause Notice (SCN) were issued. The Petitioner failed to…

3 months ago

HC quashes GST notice & order for non-quantification of interest in notice

Issue The show cause notice issued to the Petitioner did not quantify the proposed demand…

6 months ago

Is limitation period of 2 years applicable to duplicate payments under GST law?

Issue The petitioner in the citation referred first infra, by mistake, made a duplicate payment…

7 months ago