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Issue ID: 119260
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Finance (No.2) Act, 2024

Date 17 Aug 2024
Replies5 Replies
Views 3010 Views
Asked by
Refund prohibition for input tax credit prevents recovery where amended credit time provisions would have precluded entitlement.
Section 150 bars refunds of tax paid or input tax credit reversed if such amounts would not have been paid or reversed had Section 118 been in force; Section 118 amends the time limit for claiming input tax credit by modifying section 16(4), and commentators view Section 150 as a legislative measure to deny refunds that arise solely from the retrospective application of the amended credit time limit. (AI Summary)

Section 150 of the Finance (No.2) Act, 2024 relating to the CGST Act, 2017 reads as follows:-

'150. No refund shall be made of all the tax paid or the input tax credit reversed, which would not have been so paid, or not reversed, had section 118 been in force at all material times.'

Are we to read this as part of III Schedule, which has no relevance to the above issue or is it a new section or is it part of any other section?

May kindly be clarified.

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