GST NOTICE VALIDITY- ERRONEOUS REFUND

[VENKAT S]

A company received a notice in November 2024 under Section 73(1) for an erroneous refund issued for the period January to March 2020. Can the department consider the refund period as part of FY 2019-20 and apply the extended time limit of November 30, 2024, even though the original deadline (of 3 years from the refund received date) is already elapsed? Can the validity of the notice be questioned?

AI Summary

Notice Issued Under Section 73(1) for Erroneous Refund; COVID-19 Order May Extend Limitation Period A company received a notice in November 2024 under Section 73(1) for an erroneous refund for the period January to March 2020. The query raised concerns whether the department can consider this refund as part of FY 2019-20 and apply an extended deadline of November 30, 2024, despite the original three-year limit having expired. The discussion highlights that the Supreme Court's order, which excluded certain periods due to the COVID-19 pandemic, may extend the limitation period. The validity of the notice should be examined in light of this order, and if the notice was issued under Section 73(1), recovery under Section 74 may be time-barred unless a corrigendum is issued.