Bombay HC Orders Refund of Rs. 3.14 Crore in IBM India's Pre-Deposit GST
The Bombay High Court recently allowed IBM India to claim a refund of Rs. 3.14 crore in pre-deposit GST paid, after the company's appeal led to a significant drop in the original demand from Rs. 48.96 crores to Rs. 17.50 crores.
The court held that once the part of the GST demand set aside by the appellate authority, it is the statutory right of the taxpayer to receive such refund paid towards pre-deposit with interest.
According to the court, the reasoning of the authority that the proceedings have not attained finality only because the petitioner proposes to challenge that part of the order which has gone against it is fallacious.