Curative GST refund formula supports retrospective differential claims when applications meet limitation and substantive eligibility requirements.
The amended Rule 89(5) formula is treated as curative and clarificatory because it corrects an earlier mismatch that could understate refunds of accumulated input tax credit under an inverted duty structure. Curative amendments may apply to earlier tax periods where refund or rectification claims remain within limitation and satisfy substantive requirements. A supplementary claim for an omitted differential amount is not barred merely because an earlier claim was filed, subject to eligibility, limitation, accurate quantification and prevention of duplicate refunds. (AI Summary)
The amended Rule 89(5) formula is treated as curative and clarificatory because it corrects an earlier mismatch that could understate refunds of accumulated input tax credit under an inverted duty structure. Curative amendments may apply to earlier tax periods where refund or rectification claims remain within limitation and satisfy substantive requirements. A supplementary claim for an omitted differential amount is not barred merely because an earlier claim was filed, subject to eligibility, limitation, accurate quantification and prevention of duplicate refunds. (AI Summary)
TaxTMI