Home Forum Goods and Services Tax - GST Month 8 2020 2020 (8) This
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Is amendment in time limit for refund under sec 54 retrospective - Goods and Services Tax - GSTExtract One of my clients refund application (Inverted duty structure) was rejected on the ground that it is time barred. Central Goods Service Tax Amendment Act, 2018 has substituted the clause (e) of 2nd Explanation to Section 54 of the CGST Act, 2017 , w.e.f. 01 .02.2019, which defines the relevant date for filling application for refund of unutilized input tax credit The said clause prior to its substitution read as hereunder: (e) in the case of refund of unutilized input tax credit under sub-section (3), the end of the financial year in which such claim for refund arises Whereas w.e.f. 01.02.2019, CGST Amendment Act, 2018 has substituted the above said clause with the clause reproduced as hereunder: (e) in the case of refund of unutilized input tax credit under clause (ii) of the first proviso to sub-section (3), the due date for furnishing of return under section 39 for the period in which such claim for refund arises. Now, the basic question that is whether the substituted clause will have application only in relation to refund application filled for the tax period reckoning from the February, 2019 onwards or will also hit the refund application filled after the date 01.02.2019 even pertaining to the tax period(s) prior to February, 2019. Please give your valuable views
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