Retrospective GST refund formula permits timely differential claims and preserves pre-notification input tax credit refunds.
The amended Rule 89(5) GST refund formula, including input tax credit on input services, is treated as curative and applicable to timely refund or rectification applications for earlier tax periods, despite a contrary departmental circular. Supplementary or differential refund claims remain maintainable where substantive eligibility and quantum require verification; neither Section 54 nor Rule 89 bars them merely because an original claim was processed. A later notification cannot, through an administrative circular, deny refund of otherwise eligible input tax credit accumulated before its effective date. The notified exclusion from limitation computation keeps the claims timely, and eligible differential refunds remain subject to arithmetical verification.
Issues: (i) Whether the amended formula under Rule 89(5) applies retrospectively to refund or rectification applications concerning earlier tax periods; (ii) Whether supplementary or differential refund claims for periods in respect of which original refund claims were processed are maintainable; (iii) Whether Notification No. 09/2022-Central Tax (Rate) can deny refund of eligible input tax credit accumulated before its effective date; (iv) Whether the refund claims were barred by limitation under Section 54.
Issue (i): Whether the amended formula under Rule 89(5) applies retrospectively to refund or rectification applications concerning earlier tax periods.
Analysis: The amendment introducing input-service input tax credit into the refund formula was treated as curative and clarificatory. The adopted judicial interpretation recognised its retrospective application to refund or rectification applications filed within the statutory period, notwithstanding the contrary prospective clarification in the departmental circular.
Conclusion: The amended Rule 89(5) formula applies retrospectively to the timely refund claims. This issue is decided in favour of the assessee.
Issue (ii): Whether supplementary or differential refund claims for periods in respect of which original refund claims were processed are maintainable.
Analysis: Neither Section 54 nor Rule 89 was found to contain a bar against a supplementary claim for a legally admissible differential amount. A prior refund application or a technical restriction in the electronic filing process cannot defeat a timely claim where substantive eligibility remains to be verified.
Conclusion: Supplementary or differential refund claims are maintainable, subject to verification of eligibility and quantum. This issue is decided in favour of the assessee.
Issue (iii): Whether Notification No. 09/2022-Central Tax (Rate) can deny refund of eligible input tax credit accumulated before its effective date.
Analysis: The restriction effective from 18.07.2022 could not be extended through an administrative circular to deny refund of otherwise eligible input tax credit accumulated before that date. Statutory provisions prevail over an inconsistent departmental clarification.
Conclusion: The notification cannot be applied through the circular to deny refund of eligible pre-effective-date accumulated credit. This issue is decided in favour of the assessee.
Issue (iv): Whether the refund claims were barred by limitation under Section 54.
Analysis: Notification No. 13/2022-Central Tax excluded the period from 01.03.2020 to 28.02.2022 while computing limitation. On applying that exclusion, the claims fell within the prescribed period.
Conclusion: The refund claims are within limitation. This issue is decided in favour of the assessee.
Final Conclusion: The directions for sanction of the eligible differential refunds after arithmetical verification remain operative.
Ratio Decidendi: A curative amendment to the GST refund-computation formula applies to timely refund or rectification claims notwithstanding a contrary administrative circular.