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Once the application has been processed and order

We are full service firm focuses in domain of Business Setup in India, FEMA, Expatriates Taxation, Accounting Outsource, International Taxation, Auditing, Transaction advisory and so on.<br><br>Underpinned by our values and with our global presence, we serve on FDI advisory, cross-border accounting, International tax planning and Management consulting needs of our overseas clients all over the world.<br>

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Once the application has been processed and order

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  1. Once the application has been processed and order passed, plain effect of same can’t be avoided

  2. 1. Brief facts of the case • M/s Savista Global Solutions Private Limited (“The Petitioner”) was having a refund pertaining to the month of July, 2019 of INR 1,28,50,535/-. • The petitioner filed an application seeking refund on 27.09.2019. In pursuance of Rule 97A of CGST Rules, 2017, application for seeking refund was filed manually. • The respondent passed an order of granting refund on 06.01.2020. The order was not passed within a period of 60 days from the date of filing of refund application in accordance with Section 54(7) of CGST Act, 2017.

  3. 2. Relevant Legal Extracts • Section 56 of CGST Act 2017: Interest on delayed refunds. • Rule 97A of the CGST rules 2017:Manual filing and processing • Circular No. CBEC-20/16/04/18-GST dated 18th November, 2019 issued a fully electronic refund process through FORM GST RFD-01 and single disbursement.. Relevant extract of Para 2 of circular is reproduced below:

  4. 3. Submission of the Petitioner • The petitioner filed a petition contenting following points: • Amount as approved under order passed on 06.01.2020 is refundable to the petitioner for the month of July, 2019. • As per plain language of the statute, the interest is also payable to the Petitioner @6% from 27.11.2019  (i.e., 60 days from date of filing of refund application) onwards.

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