Refund of pre-deposit

No refund of tax already paid or ITC already reversed would be available, where such tax has been paid or ITC has been reversed on account of contravention of provisions of Sub-Section (4) of Section 16 of the CGST Act and where such ITC is now available as per the provisions of Sub-Section (5) or Sub-Section (6) of Section 16 of the Act. However, it is clarified that said restriction on refund will not apply to the refund of an amount paid as pre-deposit by the taxpayer, where such appeals are decided in favour of the said taxpayer. (Corrigendum dated October 25, 2024 to Circular No. 237/31/2024-GST dated October 15, 2024)

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