GST Daily

Dear Reader,

Today’s newsletter analytically summarizes the top GST stories reported at taxmann.com.

Order rejecting refund claim on grounds not mentioned in SCN is not sustainable: HC

Varidhi Cotspin (P.) Ltd. v. State of Gujarat - [2022] 142 taxmann.com 498 (Gujarat)

The petitioner filed an application for a refund of IGST paid on the import of goods under the Export Promotion Capital Goods Scheme (EPCG). The department issued SCN while proposing not to entertain the prayer for a refund and the reasons mentioned in SCN were as follows: ? ? ?

1. As per SGST Act Section 54(1) refund period is more than two years, so the refund application is liable to reject. ? ? ?
2. There is no clear ground on which a refund application is filed. ? ? ?
3. On which ground the refund amount is calculated is not clear. ? ? ?
4. Attached documents are incomplete. ? ? ?

The petitioner submitted the reply of SCN and thereafter the order was passed rejecting the refund by stating that refund was inadmissible because of the wrong ITC claim. The petitioner filed writ petition to quash the order rejecting the refund claim. ? ? ?

The Honorable High Court observed that the department rejected the claim of refund on the basis of ground which was never mentioned in the SCN. In the instant case, the opportunity to meet with the ground mentioned in SCN had not been given to the petitioner. Therefore, the impugned order was to be set aside and the department was directed to consider the refund claim afresh and pass the order. ? ? ?

Govt. extends existing Foreign Trade Policy by further 6 months: Press Release

Press Release dated September 26th, 2022

The Government has received several requests from Export Promotion Councils and leading exporters that the existing Foreign Trade Policy should be extended. Therefore, the Government has issued a press release to inform that the existing Foreign Trade Policy 2015-2020 which is valid till September 30th, 2022 shall be extended by further 6 months. ? ? ? ?

Constitution of GoMs for boosting Real Estate Sector under GST regime: Office Memorandum ?

Office Memorandum S-31011/12/2021-DIR(NC)-DOR dated September 22nd, 2022

The Government has reconstituted the Group of Ministers (GoMs) to boost Real Estate Sector under the GST regime. The Deputy Chief Minister of Maharashtra, Sh. Devendra Fadnavis would be the Convenor.

That’s it from us for today! Stay Tuned for more updates from?Taxmann.com

Amended. Comprehensive. Affordable.

Look inside the book here: https://taxmann.social/mw7B6

Like It? Buy Now with Free Expedited Shipping & Get a Limited Period Discount! https://taxmann.social/defuT

#TaxmannBooks #TaxmannUpdates #GST #GSTIndia #CGST #SGST #UTGST #GSTLaw