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        Case ID :

        2020 (1) TMI 61 - HC - GST

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        Court directs respondent to process refund application following Circular No.125/44/2019-GST The High Court referred to Circular No.125/44/2019-GST, which stated that refund applications filed before 26/09/2019 would continue to be processed ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Court directs respondent to process refund application following Circular No.125/44/2019-GST

                                The High Court referred to Circular No.125/44/2019-GST, which stated that refund applications filed before 26/09/2019 would continue to be processed manually. The court found that the relief sought by the petitioner was addressed in the circular. Consequently, the writ petition was disposed of, directing the respondent to consider the petitioner's application for refund of input tax credits in accordance with the circular mentioned above.




                                Issues:
                                Claiming refund of input tax credit under GST for specific periods, benefit of Circular No.94/13/2019-GST, processing refund applications filed before 26/09/2019 manually.

                                Analysis:
                                The petitioner sought relief to claim refund of input tax credit for specific periods under the category "Others" and requested the court to direct the respondents to accept the application either online or manually. Additionally, the petitioner asked for the benefit of Circular No.94/13/2019-GST to be extended by allowing the application for refund of eligible input tax credit through electronic mode or manual mode. The petitioner also requested the respondent to consider the application for refund of input tax credit and enable the online portal to accept such applications. The court was further urged to issue any other necessary orders or directions in the interest of justice.

                                The High Court referred to Circular No.125/44/2019-GST dated 18/11/2019 issued by the Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs. The circular stated that the provisions of Circular dated 28/03/2019 would continue to apply for refund applications filed in the common portal before 26/09/2019. It was instructed that such applications would be processed manually as before the deployment of the new system. In light of this circular, the court found that the reliefs sought by the petitioner were addressed. Consequently, the writ petition was disposed of, directing the respondent to consider the petitioner's application for refund of input tax credits in accordance with the circular mentioned above.
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                                ActsIncome Tax
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