TMI Blog2021 (2) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... tly, the said circular operates prospectively from the date of the notification and not retrospectively since the circular came into effect from 06.11.2017. The said notification would have no application for the transactions entered into prior thereto - It is also clarified by the learned counsel for the Revenue that in the circumstances of the present case, there is no chance for supplier seeking refund thereof and consequently, there is no opportunity of double claim for unutilised input tax credit. To govern the procedure for claiming refund on such supplies, circular No.14/14/2017-GST, dated 06.11.2017 was issued, which also provided certain safeguards to prevent any dual claims of refunds. In view of the categorical assertion made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... burse the refund amount at the earliest along with interest for delayed payment of refund. 3. Learned counsel for the petitioner has categorically submitted that refund applications were made by the petitioner in the month of May/June, 2018 for refund of unutilised input tax credit under Section 54(3) of the CGST Act, 2017. The Department in the impugned order sought to rely upon circular No. 14/14/2017-GST dated 06.11.2017 and submitted that since the petitioner did not comply with the requirements of the said circular/notification, the prayer for refund of unutilised input tax credit was refused. 4. On the other hand, the learned counsel for the respondents contends that against the impugned order passed by Additional Commissioner ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supplies; or (b) the supplier of deemed export supplies in cases where the recipient does not avail of input tax credit on such supplies and furnishes an undertaking to the effect that the supplier may claim the refund: 4.3 That prior to substitution, third proviso read as under:- Provided also that in respect of supplies regarded as deemed exports, the application shall be filed by the recipient of deemed export suplies. 4.4 ....... 5. That in case of refund of unutilised input tax credit under Section 54(3) of the CGST Act, 2017, there was no requirement of prior intimation/approval from the Development Commissioner prior to the issuance of Circular No.14/14/2017-GST, dated 6.11.2017 or notification No. 48/2017-Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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