2025 (5) TMI 149 - SCH - GST

SLP dismissed; Rule 89(5) amendment via Notification 14/2022 held clarificatory, retrospective for Section 54(1) refund claims

SC refused to interfere with the HC judgment quashing the rejection of the taxpayer's refund claim of unutilized input tax credit. The HC had set aside ... Refund of unutilized input tax credit - refund application filed by the petitioner was rejected by the impugned order dated 24.08.2023 relying upon Circular dated 10.11.2022 on the ground that new formula can apply only to refund applications filed after 05.07.2022 - it was held by High Court that 'The impugned order dated 24.08.2023 is hereby quashed and set aside. The Circular No. 181/22 dated 10.11.2022 so far as it clarifies that the amendment is not clarificatory in nature is quashed and set aside and it is held that the Notification No. 14/2022 is applicable retrospectively as the amendment brought in Rule 89 (5) of the Rules is curative and clarificatory in nature and the same would be applicable retrospectively to the refund or rectification applications filed within two years as per the time period prescribed under section 54 (1) of the Act.' HELD THAT:- No case for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution of India. The Special Leave Petition is, accordingly, dismissed. The Supreme Court, through Hon'ble Justices Abhay S. Oka and Ujjal Bhuyan, heard the Special Leave Petition (SLP) under Article 136 of the Constitution of India. The learned Additional Solicitor General appeared for the petitioners, while no counsel appeared for the respondent. The Court held that 'no case for interference is made out' and accordingly dismissed the SLP. All pending applications were disposed of.