GST Refund

[Raja Krishnan]

Good Morning to all Experts,

Recommendations of 53rd GST Council Meeting

Relaxation in condition of section 16 (4) of the CGST Act:

a) In respect of initial years of implementation of GST, i.e., financial years 2017-18, 2018-19, 2019-20 and 2020-21:

The GST Councilrecommended that the time limit to avail input tax credit in respect of any invoice or debit note under Section 16 (4) of CGST Act, through any return in FORM GSTR 3B filed upto 30.11.2021 for the financial years 2017-18, 2018-19, 2019-20 and 2020-21, may be deemed to be 30.11.2021. For the same, requisite amendment in section 16(4) of CGST Act, retrospectively, w.e.f. 01.07.2017, has been recommended by the Council.

My Doubt, Is it is eligible for GST Refund for the year of 2017-2018?

AI Summary

Eligibility for 2017-2018 GST Refund Questioned; Explore COVID-19 Relaxations and Time Limit Directives for Clarity. A forum participant inquired about the eligibility for a GST refund for the year 2017-2018, referencing a GST Council recommendation to amend the time limit for availing input tax credit retrospectively. The refund application was previously rejected due to being time-barred. Another participant noted the absence of a proposal for extending refund time limits but suggested checking if the refund fell within COVID-19 related relaxations and referenced a court judgment indicating time limits might be directory. The discussion concluded with a participant awaiting further notification for clarity.