Section 54 of the CGST Act, 2017 states that “Any person claiming refund of any tax and interest, if any, paid on such tax or any other amount paid by him, may make an application before the expiry of two years from the relevant date in such form as may be prescribed.
Recently, in the 47th GST Council meeting, Government has recommended that the time period from 01.03.2020 to 28.02.2022 be excluded for computing the limitation period for filing refund claims under sections 54 and 55 of the CGST Act as well as for the issuance of Show Cause Notice or passing of orders in respect of erroneous refund under section 73.
Government of India, vide notification no 13/2022 – Central Tax, Published the same in the Gazette of India and excludes the period from 1.03.2020 to 28.02.2022 for computation of the period of limitation for filing refund application under section 54 or section 55 of the said Act.
The Interpretations of notification no 13/2022 Central Tax which are notified in Gazette are as below for ease of reference:
|Before February 2018||Time already lapsed|
|Between March 2018 to February 2020||Period remaining on March 1, 2020 to be added from March 1, 2022 (For April 2018 to July 2018, time period to file the application is lapsed. However, the taxpayer is eligible to file the refund application from April 2018 onwards)|
|Between March 2020 to February 2022||Two years period to be computed from March 1, 2022|