2025-VIL-16-GUJ
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SGST High Court Cases

GST - Section 54(3) of the CGST Act, 2017 - Rule 89(5) of the CGST Rules, 2017 - Refund under Inverted Duty structure, Prospective applicability of amended formula – Petitioners sought refund of unutilised input tax credit on account of Inverted Duty structure - The refund applications filed prior to 05.07.2022 were granted partially based on the old formula under Rule 89(5) of the CGST Rules, while the applications filed after 05.07.2022 were rejected on the ground that the new amended formula under Rule 89(5) notified vide Notification No. 14/2022 dated 05.07.2022 is applicable prospectively - Whether the amended formula under Rule 89(5) notified vide Notification No. 14/2022 dated 05.07.2022 is applicable prospectively or retrospectively - HELD - The amended formula under Rule 89(5) notified vide Notification No. 14/2022 dated 05.07.2022 is clarificatory and curative in nature, and therefore, should be applied retrospectively – in the decision of Ascent Meditech Ltd. v. Union of India, it was held that the amended formula under Rule 89(5) would be applicable to all refund applications filed within the prescribed period of two years under Section 54(1) of the CGST Act, irrespective of the date of filing of the application - denying the benefit of the amended formula to the petitioners who had filed their refund applications prior to 05.07.2022 would lead to discrimination and inequality between the assessees. Accordingly, the respondents are directed to release the differential refund amounts to the petitioners as per the amended formula under Rule 89(5) - The petitions are allowed
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