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    <title>Refund Claim Denied for Reverse Charge Payment Under GST: CESTAT Upholds Recovery as Department Enforcement Action.</title>
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    <description>Refund claim - amount was paid in GST era under Reverse Charge Mechanism - The Tribunal relied on Section 142(8)(a) of the CGST Act, 2017, which states that if any amount becomes recoverable from a person as a result of assessment or adjudication proceedings under the existing law, and unless recovered under the existing law, it shall be recovered as an arrear of tax under the GST Act. - The CESTAT upheld the decision of the lower authorities that the payment made by the appellant was part of a recovery action under the enforcement done by the department. Therefore, the duty, interest, and penalty were paid for an extended period and the refund claim was not admissible.</description>
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    <pubDate>Thu, 21 Mar 2024 06:58:30 +0530</pubDate>
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      <title>Refund Claim Denied for Reverse Charge Payment Under GST: CESTAT Upholds Recovery as Department Enforcement Action.</title>
      <link>https://www.taxtmi.com/highlights?id=75913</link>
      <description>Refund claim - amount was paid in GST era under Reverse Charge Mechanism - The Tribunal relied on Section 142(8)(a) of the CGST Act, 2017, which states that if any amount becomes recoverable from a person as a result of assessment or adjudication proceedings under the existing law, and unless recovered under the existing law, it shall be recovered as an arrear of tax under the GST Act. - The CESTAT upheld the decision of the lower authorities that the payment made by the appellant was part of a recovery action under the enforcement done by the department. Therefore, the duty, interest, and penalty were paid for an extended period and the refund claim was not admissible.</description>
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      <pubDate>Thu, 21 Mar 2024 06:58:30 +0530</pubDate>
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