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CESTAT dismissed the appeal and upheld rejection of the...
Refund claim dismissed as time-barred under s.142(5); non-obstante clause read restrictively, merits not decided, self-assessment payments not mere deposit
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CESTAT dismissed the appeal and upheld rejection of the appellant's refund claim as time-barred under s.142(5) of the CGST Act, holding the embedded non-obstante clause must be read restrictively and does not override limiting provisions; the claim therefore fell outside the statutory period. The Tribunal declined to adjudicate merits of unjust enrichment at this stage, noting the presumption that a trader passes on tax and that credit-note assertions may require verification. Taxes paid pursuant to a valid self-assessment were not characterized as a mere deposit. Minor inconsistencies in prior orders were found immaterial. Appeal disposed of.
CESTAT dismissed the appeal and upheld rejection of the appellant's refund claim as time-barred under s.142(5) of the CGST Act, holding the embedded non-obstante clause must be read restrictively and does not override limiting provisions; the claim therefore fell outside the statutory period. The Tribunal declined to adjudicate merits of unjust enrichment at this stage, noting the presumption that a trader passes on tax and that credit-note assertions may require verification. Taxes paid pursuant to a valid self-assessment were not characterized as a mere deposit. Minor inconsistencies in prior orders were found immaterial. Appeal disposed of.
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