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Section 142(3) of the CGST Act 2017 is a provision for entertaining and allowing refund of credit, but the refund's eligibility and admissibility under existing law is the determining factor. The case of M/s NACL Industries Ltd. held that refund was not permissible in certain situations where it was otherwise not eligible under existing law. The Larger Bench decision of M/s Bosch Electrical Drive India Pvt Ltd. dealt with the maintainability of such appeals before CESTAT, not the admissibility of refund u/s 142(3). The order of M/s Jagannath Polymers Pvt Ltd. allowed the appeal without addressing various orders on the interpretation of Section 142(3). Courts and Tribunals have held that credit is not a substantive right but a concession. The Commissioner (Appeals) order dismissing the appeal had no infirmity.
Section 142(3) of the CGST Act 2017 is a provision for entertaining and allowing refund of credit, but the refund's eligibility and admissibility under existing law is the determining factor. The case of M/s NACL Industries Ltd. held that refund was not permissible in certain situations where it was otherwise not eligible under existing law. The Larger Bench decision of M/s Bosch Electrical Drive India Pvt Ltd. dealt with the maintainability of such appeals before CESTAT, not the admissibility of refund u/s 142(3). The order of M/s Jagannath Polymers Pvt Ltd. allowed the appeal without addressing various orders on the interpretation of Section 142(3). Courts and Tribunals have held that credit is not a substantive right but a concession. The Commissioner (Appeals) order dismissing the appeal had no infirmity.
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