CBIC rescinds notification extending due date to file refund application by notified agencies w.e.f. 01.10.2022

Background:

Earlier, the CBIC vide Notification No. 20/2018 – Central Tax dated March 28, 2018, (“NN 20/2018-Central Tax”) has notified the extension of the due date for filing an application for a refund from six months to eighteen months.

Further, Section 113 Finance Act, 2022 has amended Section 54(2) of the Central Goods and Services Act, 2017 (“the CGST Act”) to amend the due date for filing the refund application from “six months” to “two years” notified vide Notification No. 18/2022- Central Tax dated September 28, 2022 w.e.f. October 01, 2022.

Notification:

Now, the CBIC vide Notification No. 20/2022–Central Tax dated September 28, 2022, read with Corrigendum No. G.S.R. 740 (E) dated September 29, 2022 has rescinded the NN 20/2018-Central Tax w.e.f. October 01, 2022.

Section 54(2) of the CGST Act reads as under:

54. Refund of tax.

(2) A specialised agency of the United Nations Organisation or any Multilateral Financial Institution and Organisation notified under the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947), Consulate or Embassy of foreign countries or any other person or class of persons, as notified under section 55, entitled to a refund of tax paid by it on inward supplies of goods or services or both, may make an application for such refund, in such form and manner as may be prescribed, before the expiry of two years from the last day of the quarter in which such supply was received.”

The Notification can be accessed at: https://taxinformation.cbic.gov.in/view-pdf/1009515/ENG/Notifications

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