Hello,
If your client’s refund application for taxes paid on SEZ supplies was rejected and the time limit for filing an appeal has expired, there are still options to explore. Here’s what you can do:
Options to Claim the Refund:
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Apply for a Condonation of Delay:
- Submit an application for condonation of delay to the GST Commissioner or jurisdictional officer, explaining the reasons for missing the appeal deadline.
- Highlight any genuine issues that prevented the timely filing, as authorities sometimes grant relief for procedural delays, especially if backed by valid reasons.
- If condonation is granted, file an appeal with the appellate authority, and proceed with your refund claim.
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Explore the "Res Judicata" Provision:
- Since this refund relates to SEZ supplies (a zero-rated transaction), the doctrine of res judicata may not strictly apply in tax cases. This allows taxpayers to reapply for refunds on eligible transactions, though rejected, provided they submit additional documentation or correct prior errors.
- Contact your jurisdictional officer to check if re-filing is possible by addressing the original reason for rejection.
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File a New Refund Application under a Different Category (if Eligible):
- If reapplication is not allowed under the "refund for SEZ supply," consider consulting with the jurisdictional GST officer to see if any other refund category might apply to your case.
- This can sometimes work, especially if the refund falls under other eligible provisions, and the officer provides an administrative exception.
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Escalate Through the GST Grievance Redressal Portal:
- File a grievance on the GST portal, explaining that the refund application was rejected but remains valid due to the zero-rated nature of SEZ supplies.
- Request their guidance or intervention to allow re-submission, attaching all relevant documentation and correspondence for clarity.
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Consult Legal Recourse for Writ Petition (if Necessary):
- If all administrative remedies fail, as a last resort, you may consider filing a writ petition in the High Court. High Courts have, in some cases, allowed taxpayers to claim refunds even after the time limit has passed if the delay was due to procedural issues or technical glitches on the GST portal.
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