2018 (11) TMI 1805

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....hority"]. 2. Briefly stated, the fact of the case is that the appellant has filed a refund claim of Rs. 1,93,866/- under the provisions of Section 142(9)(b) of Central Goods and Services Tax Act, 2017 [CGST Act]. The backgrounds for filing the said refund claim is that the appellant had filed original ER-1 return for the month of June, 2017 on 10-7-2017 and carried forward an amount of Rs. 1,71,22,659/- of Cenvat credit in Form TRAN-1 as per the provisions of Section 140(1) of CGST Act. They had subsequently filed revised ER-1 return for the said month on 31-7-2017 and revised the carried forward the Cenvat credit amount of Rs. 1,73,16,625/- as available in Form TRAN-1. Therefore, as per provisions of Section 142(9)(b) of CGST, the ap....

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....for the same and reiterated the grounds of appeal. 5. I have carefully gone through the facts of the case and submissions made by the appellant. The issue to be decided in the instant case is relating to eligibility of refund amounting to Rs. 1,93,866/- as per provisions of Section 142(9)(b) of CGST Act, due to revision of ER-1 return. 6. Provisions of Section 142(9)(b) of CGST Act reads as under : "where any return, furnished under the existing law, is revised after the appointed day but within the time limit specified for such revision under the existing law and if, pursuant to such revision, any amount is found to be refundable or CENVAT credit is found to be admissible to any taxable person, the same shall be refunded to h....

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....thin ninety days of the appointed day, submit a declaration electronically in FORM GST TRAN-1, duly signed, on the common portal specifying therein, separately, the amount of input tax credit [of eligible duties and taxes, as defined in Explanation 2 to section 140,] to which he is entitled under the provisions of the said section." Rule 120A of CGST Rule has been inserted on 15-9-2017, vide which revision of TRAN-1 declaration has been permitted for one time only, which reads as under : RULE 120A. Revision of declaration in FORM GST TRAN-1. - Every registered person who has submitted a declaration electronically in FORM GST TRAN-1 within the time period specified in rule 117, rule 118, rule 119 and rule 120 may revise such declarat....