TMI Blog2022 (7) TMI 1023X X X X Extracts X X X X X X X X Extracts X X X X ..... 5/2022-GST, dated 06.07.2022, it has been clarified that in cases where the supplier is making supply of goods under a concessional notification and the rate of tax of output supply is less than the rate of tax on input supply (of the same goods) at the same point of time due to supply of goods by the supplier under such concessional notification, refund of accumulated input tax credit on account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... HE CHIEF JUSTICE UJJAL BHUYAN AND THE HON BLE MRS JUSTICE SUREPALLI NANDA FOR THE PETITIONER : M V J K KUMAR FOR THE RESPONDENT : NAMAVARAPU RAJESHWAR RAOASSGI ORDER ( Per the Hon ble the Chief Justice Ujjal Bhuyan ) Heard Mr. M.V.J.K.Kumar, learned counsel for the petitioner and Mr. L.Venkateswar Rao, learned counsel for respondents No.2 to 4. 2. By filing this petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upplier is making supply of goods under a concessional notification and the rate of tax of output supply is less than the rate of tax on input supply (of the same goods) at the same point of time due to supply of goods by the supplier under such concessional notification, refund of accumulated input tax credit on account of inverted structure as per clause (ii) of sub-section (3) of Section 54 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s noteworthy that, the input and output being the same in such cases, though attracting different tax rates at different points in time, do not get covered under the provisions of clause (ii) of the first proviso to sub-section (3) of section 54 of the CGST Act. 3.3 There may however, be cases where though inputs and output goods are same but the output supplies are made under a concessional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 to 4 submits, on the basis of written instructions, that petitioner would be eligible for refund and therefore, the case of the petitioner for refund would be processed. 6. Having regard to the above, respondent No.4 is directed to process the claim of refund of the petitioner in terms of Section 54 of the CGST Act. The said exercise shall be completed within a period of eight weeks from the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
