SEZ falls within the meaning of ‘any person’ as given under Section 54 of the CGST Act and shall be entitled to refund

  • Home
  • SEZ falls within the meaning of ‘any person’ as given under Section 54 of the CGST Act and shall be entitled to refund

CA Bimal Jain | Oct 15, 2021 | Views 304075

SEZ falls within the meaning of ‘any person’ as given under Section 54 of the CGST Act and shall be entitled to refund

SEZ falls within the meaning of ‘any person’ as given under Section 54 of the CGST Act and shall be entitled to refund

The Hon’ble Madras High Court in the case of Platinum Holdings Pvt. Ltd. v. Additional Commissioner of GST & Central Excise [W.P.No.13284 of 2020 decided on August 11, 2021] has held that a Special Economic Zone (“SEZ”) falls withing the meaning of ‘any person’ under the provisions of Section 54 of the Central Goods and Services Tax Act, 2017 (“CGST Act”) dealing with applications for GST refund read with Rule 89(1) of the Central Goods and Services Tax Rules, 2017 (“CGST Rules”).

Platinum Holdings Pvt. Ltd. (“the Petitioner”), a SEZ, had filed applications for refund of the taxes erroneously remitted by it on various dates to its suppliers.  A show cause notice was issued where the locus of the Petitioner to claim the refund was questioned on ground that as per Section 54 of the CGST Act read with Rule 89 of CGST Rules, only a supplier of services would be entitled to claim refund and not the SEZ itself.

The Petitioner contended that it had committed an error by remitting the taxes on the supplies made to it as the supplies being made to it were zero rated supplies exempt from tax. It was further contended that the reference in Section 54 of the CGST Act to ‘any person’ and would include the SEZ as well and accordingly, it shall be entitled to claim the refund of erroneously remitted tax.

The Hon’ble Madras High Court held that the statutory scheme for refund under the CGST Act and State GST Acts, permits any entity to seek a refund of taxes, including an SEZ. It was observed that the provisions of Section 54 of the CGST Act, providing for a refund, apply to any person who claims such refund and who makes an application for the grant of the same. Thus, it was held that in the present case, the Petitioner shall fall within the meaning of ‘any person’ as enumerated under Section 54 of the CGST Act and accordingly, shall be eligible to seek refund of the taxes paid by it.

(Author can be reached at [email protected])

DISCLAIMER: The views expressed are strictly of the author and A2Z Taxcorp LLP. The contents of this article are solely for informational purpose and for the reader’s personal non-commercial use. It does not constitute professional advice or recommendation of firm. Neither the author nor firm and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any information in this article nor for any actions taken in reliance thereon. Further, no portion of our article or newsletter should be used for any purpose(s) unless authorized in writing and we reserve a legal right for any infringement on usage of our article or newsletter without prior permission.

Join Studycafe's What's App Group or Telegram Channel for Latest Updates on Income Tax, GST, Companies Act, Judgements and CA, CS, ICWA, and MUCH MORE!"




Author Bio

My Recent Articles

HC Raps revenue for failing to act on a transitional-credit claim despite directions Quashed Service tax demand on movie exhibitor under the category of Business Support Service HC: Sets aside clarificatory circular taking away assesse’s substantive right by denying exemption on fish meal Income Tax deduction allowed by Karnataka High Court on loss suffered by assessee on Foreign Rate Fluctuation Initiation of Assessment Proceedings can’t be done if no incriminating material seized at time search View All Posts

Leave a Reply

Your email address will not be published. Required fields are marked *