The Supreme Court of India on Thursday set aside the authorized Delhi High Court order Bharti Airtel Ltd. Request a refund of the excess Goods and Services Tax of approximately 932 rupees.
In May last year, the High Court filed a GST tax return between July and September 2017 after the company stated that it had paid an excess tax on the input in the absence of a purchase-related tax return. I have allowed the mobile operator to fix it.
For carriers managed by Sunil Mittal, the details of the input tax credit (tax paid on inputs that can be adjusted for future tax obligations) during the period will be decommissioned by the government on the GSTR-2A form. So it underreported credit claims.
The government argued that under GST law, the right to claim a temporary tax credit is subject to certain conditions. The government argued that the parties needed to keep a record of the transaction and that the authorities had no role to play in that regard.
The original scheme of the central GST method provided in Form GSTR-1-External supply details. GSTR-2-Internally supplied data or purchases made. And GSTR-3 which electronically collated these details with tax obligations.
GSTR 2 and 3 were not in operation, but GSTR 2A was introduced in October 2018 to take advantage of input tax credits and GSTR 3B was introduced to file monthly tax returns. ..
Prior to the introduction of GSTR-2A, from July to September 2017, Bharti Airtel submitted the details of the input tax credit based on the estimate. In October 2018, the telecommunications service provider said it was aware of the underreporting and tried to submit a corrected return.
However, the Supreme Court did not decide the main question as to whether Bharti Airtel was completely or completely dependent on the information automatically generated on the electronic common platform during the relevant period. Said that.
The Supreme Court said the answer was categorically no.
However, the Supreme Court said the law only allows correction of mistakes in the early stages. The court chose that Bharti Airtel use the full knowledge and information gained from its books and records to self-assess, assess one-time debt for the relevant period and pay in cash. You need to make sure that.
With that choice, the Supreme Court concluded that Bharti Airtel cannot recover from the legal options already exercised.
Supreme Court sets aside Bharti Airtel’s Rs 932-Crore GST refund request to government
https://www.bloombergquint.com/law-and-policy/supreme-court-sets-aside-bharti-airtels-rs-932-crore-gst-refund-claim-against-government Supreme Court sets aside Bharti Airtel’s Rs 932-Crore GST refund request to government