GST refund limitation excludes the notified period, while deficiency-based corrections relate back to timely original applications.
GST refund limitation excludes 1 March 2020 to 28 February 2022 under Notification 13/2022-Central Tax. Where the relevant tax payment date fell within that period, the full two-year limit ran from 1 March 2022 to 29 February 2024, making an application filed on the last day timely. An application rectified in good faith after a deficiency memo relates back to a timely original filing but cannot cure a late original claim. GST paid on a taxable advance remains subject to the refund framework even if the corresponding supply does not materialise; it cannot be reclassified as a deposit to avoid limitation. The statutory time limit is a substantive eligibility condition that procedural circulars cannot relax. Non-consideration of a show-cause reply vitiates rejection, but appellate authorities must decide disputed points with reasons. A challenge to limitation calculations on admitted facts introduces no new charge if limitation was raised in the notice.
Issues: (i) Whether the Revenue's challenge to the limitation computation under Notification No. 13/2022-Central Tax dated 05.07.2022 travels beyond the show-cause notice and refund-rejection order; (ii) Whether the appellate order could annul the refund-rejection order solely for breach of natural justice without deciding limitation by a reasoned finding; (iii) Whether the original refund application filed on 29.02.2024 was within the limitation prescribed by Section 54(1) of the Central Goods and Services Tax Act, 2017 read with Notification No. 13/2022-Central Tax dated 05.07.2022; (iv) Whether deficiency-memo-driven refilings altered the limitation position of the original refund application; (v) Whether GST paid on a taxable advance that was partly unmatched by subsequent supply was a deposit outside Section 54 of the Central Goods and Services Tax Act, 2017; (vi) Whether the two-year period under Section 54(1) of the Central Goods and Services Tax Act, 2017 is a procedural requirement capable of relaxation.
Issue (i): Whether the Revenue's challenge to the limitation computation under Notification No. 13/2022-Central Tax dated 05.07.2022 travels beyond the show-cause notice and refund-rejection order.
Analysis: The limitation of the refund claim under Section 54 was the foundation of the proceedings from the show-cause stage. A challenge to the arithmetic used in applying the notification to admitted dates did not introduce a new charge, classification, or basis of demand. Restrictions on additional evidence did not bar legal arguments on undisputed material already forming part of the record.
Conclusion: The Revenue's challenge to the limitation computation did not travel beyond the show-cause notice or refund-rejection order and was maintainable, in favour of the Revenue.
Issue (ii): Whether the appellate order could annul the refund-rejection order solely for breach of natural justice without deciding limitation by a reasoned finding.
Analysis: Sections 107(11) and 107(12) of the Central Goods and Services Tax Act, 2017 require the appellate authority to determine the points in controversy and record its decision and reasons. Non-consideration of the reply to the show-cause notice vitiated the refund-rejection order; however, the appellate authority was required to decide limitation on the admitted facts rather than issue a bare annulment that left the substantive dispute unresolved. A remand was unnecessary because the limitation issue turned solely on statutory interpretation and undisputed dates.
Conclusion: The appellate order was deficient as a non-speaking annulment, but the refund-rejection order was vitiated by non-consideration of the reply; its annulment is sustained on substituted reasons without remand, ultimately in favour of the assessee.
Issue (iii): Whether the original refund application filed on 29.02.2024 was within the limitation prescribed by Section 54(1) of the Central Goods and Services Tax Act, 2017 read with Notification No. 13/2022-Central Tax dated 05.07.2022.
Analysis: Under Section 54(1), read with Explanation 2(h), the relevant date was the date of payment of tax, namely 19.05.2020. Notification No. 13/2022-Central Tax excluded the entire period from 01.03.2020 to 28.02.2022 from computation of limitation. Since the relevant date fell within that excluded period, no part of the two-year period ran during it. Applying the statutory rule that the first day is excluded, the full two-year period became available from 01.03.2022 and expired on 29.02.2024.
Conclusion: The original refund application filed on 29.02.2024 was filed on the last day of the extended limitation period and was within time, in favour of the assessee.
Issue (iv): Whether deficiency-memo-driven refilings altered the limitation position of the original refund application.
Analysis: Rule 90(3) of the Central Goods and Services Tax Rules, 2017 provides the machinery for rectification after communication of deficiencies and excludes the specified intervening period. A bona fide rectified application filed following a deficiency memo is a continuation of a timely original application and relates back to that filing; this principle cannot cure an original application that was itself time-barred.
Conclusion: As the original application was timely, the subsequent rectified applications related back to it and the deficiency memos had no independent adverse effect on limitation, in favour of the assessee.
Issue (v): Whether GST paid on a taxable advance that was partly unmatched by subsequent supply was a deposit outside Section 54 of the Central Goods and Services Tax Act, 2017.
Analysis: GST was validly discharged on receipt of a taxable advance and became refundable only because supply did not subsequently materialise to the corresponding extent. This was not an amount paid on a transaction wholly outside the levy or a voluntary payment unconnected with tax liability. Section 54 itself governs claims for tax and other amounts paid, and does not permit avoidance of its limitation by re-characterising a statutory tax payment as a deposit.
Conclusion: The amount was not a deposit outside Section 54 and remained subject to the statutory refund framework, against the assessee.
Issue (vi): Whether the two-year period under Section 54(1) of the Central Goods and Services Tax Act, 2017 is a procedural requirement capable of relaxation.
Analysis: The two-year period prescribed for a refund claim under the fiscal statute is a substantive condition of eligibility, not a minor procedural formality. A circular addressing procedural lapses cannot override the statutory limitation or confer a power to condone delay not granted by the statute.
Conclusion: The limitation under Section 54(1) is a substantive statutory condition incapable of relaxation through procedural circulars, against the assessee.
Final Conclusion: The limitation-based rejection cannot stand because the original refund application was timely; the annulment of that rejection is sustained while the refund claim remains governed by the statutory requirements of Section 54.
Ratio Decidendi: Where the relevant date for a GST refund falls within a period excluded by a valid limitation notification, the prescribed refund period begins to run only after that exclusion ends.