Refund application by persons dealing in inverted tax structure goods can be filed within two years from the relevant date. Where refund application is filed for the year 2017-18, by which date it should’ve been filed? Please enlighten.
As per Explanation (2)(e) to Section 54 of the CGST Act,2017 the relevant date in respect of refund of unutilised ITC due to inverted duty structure is the due date for furnishing of return under section 39 (viz GSTR-3B) for the period in which such claim for refund arises.
Deadline of filing of refund application may be worked out accordingly. Considering the refund of ITC pertains to GSTR-3B of March,2018 the relevant date would be 20.04.2018 and thus refund needs to filed by 20.04.2020 which has already lapsed. However considering COVID-19 relief as per Notif No 35/2020-CT read with Notif No 55/2020-CI extension has been made in regard to compliances due due for the period 30.03.2020 to 29.08.2020 to 31.08.2020. Accordingly refund application in this case can be filed by 31.08.2020.
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