2023 (11) TMI 663

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.... for petitioner Mr. M. K. Pathan , AGP for Respondent Nos. 1 to 5 ORDER Heard Mr. Gohokar, learned counsel for the petitioner and Mr. Pathan, learned Assistant Government Pleader for the respondent / State. None for the respondent No.6 though served as per affidavit of service upon it. 2. The petition questions the refusal on the part of the respondents to refund the excess input tax u....

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....rganic Industries Ltd. Vs. Union of India in Writ Petition No.7861 of 2021 decided on 30/11/2021 by the learned Principal Bench of this Court. He further submits, that since there is limitation of two years for filing the refund application in terms of Section 54(1) of the GST Act of 2017, the subsequent amendment which changes the definition of the 'relevant date' would be applicable prospectivel....

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....hich has been filed on 13/5/2020 for the month of December, 2017, would be within time. 6. Insofar as the plea regarding applicability of the amendment to Section 54(1) of the GST Act is concerned, it would be apparent that the amendment would be prospective in nature, unless so specified, which is not the case and therefore, the amended Section 54(1) would be applicable to the application for ....