CGST Act | Commissioner Empowered To Withhold Refunds Both From Electronic Cash Ledger And Electronic Credit Ledger: Delhi HC
4 months, 1 week ago

CGST Act | Commissioner Empowered To Withhold Refunds Both From Electronic Cash Ledger And Electronic Credit Ledger: Delhi HC

Live Law  

The Delhi High Court has held that refunds, be it from the balance left in Electronic Cash or the Electronic Credit Ledger, are treated at par and the Commissioner under the Central Goods and Services Tax Act may withhold both in exercise of its powers under Section 108. In the case at hand, Petitioner had Impugned Commissioner's order under Section 108 which placed in abeyance an order of refund of INR 5,50,00,000/- from amounts standing to the credit of Petitioner's Electronic Cash Ledger. A division bench of Justices Yashwant Varma and Ravinder Dudeja said, “Section 108 empowers the revisional authority to place in abeyance “any order” made under the CGST Act and which in its opinion could be said to be illegal, improper or prejudicial to the interest of the Revenue…We, therefore, find ourselves unable to sustain the contention of the petitioner who had sought to canvass a position of distinction which we should recognise to exist and governing sums which stand in balance in the Electronic Cash and Electronic Credit Ledgers.” It noted that Section 49 clearly states that balance in the Electronic Cash Ledger or Electronic Credit Ledger may be refunded, after payment of tax, interest, penalty, fee or any other amount payable under the Act. Section 54, which again stipulates that a registered person claiming refund of sums standing in balance in the Electronic Cash Ledger would have to follow the procedure as prescribed, also takes into account Section 49.

High Court Credit Order Commissioner Cash Refund Ledger Electronic Petitioner Cgst Section 54 Electronic Credit Ledger Section 108 Electronic Cash Ledger Electronic Cash  cash  refund  empowered  opinion  hc  ledger  refunds  withhold  delhi  commissioner  cgst  order  illegal  petitioner  credit  electronic

History of this topic

Tax Weekly Round-Up [23rd December - 29th December 2024]
2 months, 3 weeks ago

Tax Weekly Round-Up [23rd December - 29th December 2024]

Live Law  

HIGH COURTS Bombay HC ITO Acted On Complete Change Of Opinion On Same Material With Intent To Review Assessment Order Passed By Him: Bombay HC Quashes Reopening Case Title: Imperial Consultants and Securities vs. Deputy CIT Case no. Amendment In Finance Act Can't Retrospectively Affect Vested Right Of Taxpayer To Adjudicate Settlement Application U/S 245: Calcutta HC Case Title: Pradeep …

Cenvat Credit Rules, 2004 And Central Excise Act, 1944 Lack Provision To Allow Cash Refund Of Cess Lying In Cenvat Credit Balance: CESTAT
10 months, 3 weeks ago

Cenvat Credit Rules, 2004 And Central Excise Act, 1944 Lack Provision To Allow Cash Refund Of Cess Lying In Cenvat Credit Balance: CESTAT

Live Law  

The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal has held that Cenvat Credit Rules, 2004 and Central Excise Act, 1944 lacks provision to allow cash refund of cesses lying in cenvat credit balance.The bench of Rachna Gupta and P.V. The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal has held that Cenvat Credit Rules, 2004 …

Rule 89(4) Under CGST Rules Inapplicable On Refund Of Integrated Tax Paid On Zero-Rated Supply: Delhi High Court
1 year, 9 months ago

Rule 89(4) Under CGST Rules Inapplicable On Refund Of Integrated Tax Paid On Zero-Rated Supply: Delhi High Court

Live Law  

The Delhi High Court has held that Rule 89 of the Central Goods and Services Tax Rules, 2017 is inapplicable to cases of refund of integrated tax paid on zero-rated supply.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has noted that the opening sentence of Rule 89 makes it amply clear that it applies only in cases of …

Bombay High Court Allows Taxpayer To Utilise Amount Available In Electronic Credit Ledger to Pay Pre-Deposit
2 years, 5 months ago

Bombay High Court Allows Taxpayer To Utilise Amount Available In Electronic Credit Ledger to Pay Pre-Deposit

Live Law  

The Bombay High Court has held that the taxpayer may utilise the amount available in the Electronic Credit Ledger to pay the 10% of tax in dispute as prescribed under Sub-section of Section 107 of the CGST Act.The division bench of Justice K.R. The Bombay High Court has held that the taxpayer may utilise the amount available in the Electronic …

Tamil Nadu GST Dept. Prescribes Manner Of Re-credit Of Amount In Electronic Credit Ledger
2 years, 6 months ago

Tamil Nadu GST Dept. Prescribes Manner Of Re-credit Of Amount In Electronic Credit Ledger

Live Law  

The Tamil Nadu GST Department has notified the procedure for re-crediting the amount in the electronic credit ledger using FORM GST PMT-03A. If the refund has been sanctioned erroneously, recredit of that amount can be done via Form GST PMT-03A in the electronic credit ledger, along with the interest and penalty paid by the taxpayer. The taxpayer shall deposit the …

Assessee Entitled To Avail Cenvat Credit Of Service Tax Already Paid During Transitional Period: Madras High Court
2 years, 6 months ago

Assessee Entitled To Avail Cenvat Credit Of Service Tax Already Paid During Transitional Period: Madras High Court

Live Law  

The Madras High Court, consisting of Justice R. Ramdevan and Justice Mohammed Shaffiq, has held that the assessee is entitled to avail cenvat credit of the service tax already paid but the assessee was unable to claim due to a transitional provision that has come into effect from 01.07.2017. The appellant/department stated that though the assessee is entitled to avail …

Mandatory Deposit U/S 35F Of Excise Act Cannot Be Made By Way Of Debit In Electronic Credit Ledger Maintained Under CGST Act: CESTAT
2 years, 6 months ago

Mandatory Deposit U/S 35F Of Excise Act Cannot Be Made By Way Of Debit In Electronic Credit Ledger Maintained Under CGST Act: CESTAT

Live Law  

The Allahabad Bench of the Customs, Excise and Service Tax Appellate Tribunal has held that a mandatory deposit under section 35F of the Excise Act cannot be made by way of debit in the Electronic Credit Ledger maintained under the CGST Act. The appellant submitted that the finding of the Commissioner was erroneous as the appellant had made a pre-deposit …

CBIC Prescribes Manner Of Re-Credit In Electronic Credit Ledger Using FORM GST PMT-03A
2 years, 8 months ago

CBIC Prescribes Manner Of Re-Credit In Electronic Credit Ledger Using FORM GST PMT-03A

Live Law  

The Central Board of Indirect Taxes and Customs has issued a circular prescribing the manner of re-credit in an electronic credit ledger using FORM GST PMT-03A. In order to resolve the issue, GSTN has recently developed a new functionality of FORM GST PMT-03A which allows proper officers to re-credit the amount in the electronic credit ledger of the taxpayer. In …

Serious Allegations Of Availing Fraudulent GST ITC In Electronic Credit Ledger: Madras High Court Refuses Refund Of Amount
2 years, 11 months ago

Serious Allegations Of Availing Fraudulent GST ITC In Electronic Credit Ledger: Madras High Court Refuses Refund Of Amount

Live Law  

The Madras High Court bench of Justice C. Saravanan refused to grant a refund of the amount lying in the assessee's electronic cash ledger on the grounds that there were serious allegations against the assessee for having an availed fraudulent input tax credit in the electronic credit ledger on the strength of a bogus and fictitious input tax invoice for …

Claim Of Refund And Interest Shall Be Dealt Under The Existing Law On Central Excise And Not As Per CGST Act. Punjab & Haryana High Court Rejects The Plea Of Revenue
3 years ago

Claim Of Refund And Interest Shall Be Dealt Under The Existing Law On Central Excise And Not As Per CGST Act. Punjab & Haryana High Court Rejects The Plea Of Revenue

Live Law  

The Punjab and Haryana High Court has held that the revenue department cannot take the plea of transfer of jurisdiction due to GST regime against assessee's claim for refund of central excise duty and interest. The Bench, consisting of Justices Ajay Tewari and Pankaj Jain, ruled that the Income Tax Act, 1961 and Central Excise Act, 1944 are pari materia …

GST rule change to limit tax credits
3 years, 6 months ago

GST rule change to limit tax credits

Live Mint  

New Delhi: A rule change cleared by the federal indirect tax body, the Goods and Services Tax Council, last week shows the government’s intention to restrict input tax credits to businesses, PwC said in an analysis of the Council’s decisions. The Council had said a rule relating to input tax credits would be amended to align it with a new …

Delhi high court directs Centre to clarify CGST rule on refund
7 years, 7 months ago

Delhi high court directs Centre to clarify CGST rule on refund

Live Mint  

New Delhi: The Delhi high court on Friday directed the Centre to issue a clarification on one of the rules pertaining to the central good and services tax which provides for a refund of integrated tax paid on export of goods and services. Ltd, a Delhi based-web developer and IT software solutions provider, seeking “parity and a level playing field …

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