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The Central Board of Indirect Taxes and Customs issues a corrigendum to Circular No. 237/31/2024-GST. The correction clarifies that the refund restriction under section 150 of the Finance (No. 2) Act, 2024 does not apply to pre-deposit amounts. Taxpayers pay these pre-deposits under sub-section (6) of section 107 or sub-section (8) of the CGST Act during appeals. The restriction does not apply when the appellate authority decides the appeal in favor of the taxpayer.
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Corrigendum to Circular No. 237/31/2024-GST
F. No. CBIC-20001/6/2024-GST Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs GST Policy Wing
New Delhi, dated the 25th October, 2024
To,
The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/ Commissioners of Central Tax (All) The Principal Directors General/ Directors General (All)
Madam/Sir,
Subject: Corrigendum to Circular No. 237/31/2024-GST dated 15th October, 2024 issued vide F. No. CBIC-20001/6/2024-GST-reg.
In the said circular, following shall be inserted at the end of para 4:
"However, it is clarified that said restriction on refund under section 150 of the Finance (No. 2) Act, 2024 will not apply to the refund of an amount paid as pre-deposit by the taxpayer as per sub-section (6) of section 107 or sub-section (8) of section 112 of the CGST Act, at the time of filing of an appeal, where such appeals are decided in favor of the said taxpayer."
(Sanjay Mangal) Principal Commissioner (GST)
