Sbi Cards And Payment Services Limited vs. Union Of INDIA And Others
Held
The Court held that the petitioner is entitled to a refund of the Rs. 108 crores wrongly paid as CGST & SGST, as the amount of tax due was not disputed and the petitioner had paid the correct tax under IGST as demanded. The circular clarifying the interpretation of 'subsequently held' was also considered.
Facts
The petitioner wrongly paid CGST & SGST on transactions initially considered intra-state, amounting to Rs. 108 crores. Upon realizing these were inter-state, they paid the correct IGST and sought a refund of the wrongly paid taxes. The refund was denied by the appellate authority.
Key Issues
Whether the petitioner is entitled to a refund of GST paid on transactions wrongly classified as intra-state when they were subsequently identified as inter-state, and if the interpretation of 'subsequently held' in Section 77 of the CGST Act allows for such refunds when the taxpayer self-corrects.
Sections Cited
Section 77
AI-generated summary — verify with the full judgment below
CWP-8108-2021 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 209 CWP-8108-2021 (O&M) Decided on : October 08, 2021 SBI Cards & Payment Services Limited ....Petitioner VS Union of India and others ....Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI
HON'BLE MRS. JUSTICE ALKA SARIN Present :- Mr. Arvind Datar, Senior Advocate with Mr. Tushar Jarwal, Advocate with Mr. Deepak Thackur, Advocate with Mr. Amit Jit Singh Narang, Advocate and Mr. Vrinda Bagaria, Advocate for the petitioner. Mr. Sunish Bindlish, Advocate Sr. Standing counsel with Mr. Gagandeep Singh Malhotra, Advocate for the respondents. **** AJAY TEWARI, J.(Oral)
By this petition the petitioner has challenged the order dated 19.02.2021 (Annexure P-1) issued by Additional Commissioner (Appeals) whereby the prayer for refund of CGST & SGST amounting to Rs. 108 crores approximately wrongly paid on 5.4.2019 (for the disputed period i.e. from April 2018 to December 2018) in excess of the tax due under Section 77 of the Central Goods and Services Tax Act, 2017 (For short 'the CGST Act') has been declined.
Brief facts of the case are that the petitioner is a joint venture with State Ba
The judgment continues below.
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