SVERA AGRO LIMITED v. COMMISSIONER OF CENTRAL TAX AND GST, GST DELHI NORTH COMMISSIONERATE
High Court, Delhi
Sanjeev Sachdeva, Justice & Ravinder Dudeja, Justice
SVERA AGRO LIMITED
v.
COMMISSIONER OF CENTRAL TAX AND GST, GST DELHI NORTH COMMISSIONERATE
W.P.(C) 11926/2023 & CM. APPLS. 46666/2023, 711/2024 dated 29.02.2024
Law : GST
Act Name : Central Goods & Services Tax Act, 2017
Relevant Section : Section 54
Rule Number : Rule 89
Rule Name : Central Goods & Services Tax Rules, 2017
Notification/Circular : Circular No.125/44/2019 dated 18.11.2019
Decision : In favour of assessee
Refund claim – Learned counsel for the petitioner submits that the refund application was being rejected by issuing deficiency memos requiring the petitioner to furnish a certificate issued by Chartered Accountant in terms of Rule 89 (2)(l)(m) of the CGST Rules, 2017. – Respondents contends that in accordance with Circular No.125/44/2019 dated 18.11.2019, the assessee seeking refund of unutilized Input Tax Credit are required to hereby furnish a self-declaration, if the amount claimed is less than Rs.2 lakh, otherwise furnish a certificate as required under Rule 89(2)(m). –Held- The Court after analysing the facts of this case observed that case of the petitioner is covered under Section 54(8)(b), which is one of the excepted provisions in the proviso to 89(2)(l) and (m). Consequently, we hold that the deficiency memos issued to the petitioner, requiring the petitioner to furnish a certificate of the Chartered Accountant are not sustainable. Since part of the amount was denied on account of deficiency memos, which we have not found to be sustainable in view of the proviso to Rule 89(2)(l)(m), we hold that petitioner is entitled to interest on the delayed refund in terms of Section 56 of the CGST Act, 2017 at the rate notified by the Government within a period of four weeks from today.
Represented By:
Counsel for the Petitioner: Siddharth Malhotra, Advocate
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