anita (trainee) (514 Points)
03 May 2018Hi,
I had filed for the refund of excess cash balance in my books in GST.
However the GST jurisdictional officer is saying that since my sales tax assessment is pending for a previous FY he will not pass the same.
I don't think there is a co relation between the two but he is not willing to understand.
What options do I have in this scenario ?
I cannot even use the credit now as it now applied as refund and he is not willing to take action on the same
CA Shivam Arora
(Chartered Accountant)
(2414 Points)
Replied 03 May 2018
Section 54(10)- Where any refund is due under sub-section (3) to a registered person who has defaulted in furnishing any return or who is required to pay any tax, interest or penalty, which has not been stayed by any court, Tribunal or Appellate Authority by the specified date, the proper officer may—
(a) withhold payment of refund due until the said person has furnished the return or paid the tax, interest or penalty, as the case may be;
(b) deduct from the refund due, any tax, interest, penalty, fee or any other amount which the taxable person is liable to pay but which remains unpaid under this Act or under the existing law.
Definition of existing law as per CSGT Act--
Section 2(48)- “existing law” means any law, notification, order, rule or regulation relating to levy and collection of duty or tax on goods or services or both passed or made before the commencement of this Act by Parliament or any Authority or person having the power to make such law, notification, order, rule or regulation.
GST officer is correct in his action. See bold portions.
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