New Delhi: The Supreme Court<\/a> on Thursday stayed the Delhi High Court order, allowing Bharti Airtel<\/a> Ltd to claim Rs 923 crore in tax refunds by rectifying its goods and services tax (GST) returns for July to September 2017. The refund was denied earlier by the revenue authorities. 最高法院周四在德里高等法院命令,允许Bharti Airtel公司索赔923卢比在退税由整流的商品和服务税(GST)返回2017年7月到9月。税收当局早些时候退款被拒绝。 新德里:最高法院周四在德里高等法院的命令,允许Bharti Airtel公司声称在退税923卢比整流的商品和服务税(GST)返回2017年7月到9月。税收当局早些时候退款被拒绝。
A bench comprising Justices A.M. Khanwilkar, B. R. Gavai and Krishna Murari said: \"The operation of the impugned judgment shall remain stayed.\"
The top court also sought response from the telecom firm<\/a> and posted the matter for final disposal in the first week of March 2021.
\"Issue notice. Dasti, in addition, is permitted. Rahul Jain<\/a>, Advocate waives notice for respondent. List the matter in the first week of March, 2021 for final disposal,\" said the top court in its order, which came on the appeal filed by the Centre challenging the Delhi High Court order.
The government had contended that Bharti Airtel<\/a> had under-reported input tax credit from July to September 2017. The telco contested this argument saying that it had paid excess tax of Rs 923 crore on inputs based on estimates since the GSTR-2A form was not operational during the error period.
The High Court<\/a> noted the telecom company would have known the correct input tax credit (ITC) amount available to it in the relevant period, if the statutorily prescribed returns GSTR-2 and GSTR-3 had been operationalised by the government, and it could have discharged its liability through ITC.
In May, a two-judge bench of the High Court had allowed the telecom major to seek GST refunds and also directed the government to verify the excess GST claim within two weeks of the order and refund the amount to Bharti Airtel.
\"As a consequence, the deficiency in reporting the eligible ITC in the months of July-September 2017 in the form GSTR-3B has resulted in excess payment of cash by Bharti,\" it had said.
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SC保持德里HC秩序Bharti Airtel Rs 923 cr销售税退款
Khanwilkar长椅上由法官点,b . r . Gavai和克里希纳Murari说:“判断打击的操作应当保持住。”
最高法院还寻求回应电信公司和发布的最终处置问题2021年3月的第一周。
”问题的注意。此外,Dasti是允许的。拉胡尔耆那教徒的,提倡放弃被通知。列表3月的第一周,2021年最终处置,”说,最高法院的命令,在提起上诉,中心挑战德里高等法院的命令。
高等法院指出,电信公司就会知道正确的进项税信贷(ITC)可用数量在相关期间,如果法定规定返回GSTR-2和GSTR-3 operationalised由政府通过ITC和它可能排放责任。
今年5月,一个由两名法官组成的长椅上的高等法院允许电信主要寻求销售税退款,还指示政府核实订单的多余的销售税声称在两周内和Bharti Airtel退款金额。
”结果,缺乏合格的ITC的几个月的报告2017年7月- 9月在GSTR-3B Bharti导致超额支付的现金,”它说。
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New Delhi: The Supreme Court<\/a> on Thursday stayed the Delhi High Court order, allowing Bharti Airtel<\/a> Ltd to claim Rs 923 crore in tax refunds by rectifying its goods and services tax (GST) returns for July to September 2017. The refund was denied earlier by the revenue authorities.
A bench comprising Justices A.M. Khanwilkar, B. R. Gavai and Krishna Murari said: \"The operation of the impugned judgment shall remain stayed.\"
The top court also sought response from the telecom firm<\/a> and posted the matter for final disposal in the first week of March 2021.
\"Issue notice. Dasti, in addition, is permitted. Rahul Jain<\/a>, Advocate waives notice for respondent. List the matter in the first week of March, 2021 for final disposal,\" said the top court in its order, which came on the appeal filed by the Centre challenging the Delhi High Court order.
The government had contended that Bharti Airtel<\/a> had under-reported input tax credit from July to September 2017. The telco contested this argument saying that it had paid excess tax of Rs 923 crore on inputs based on estimates since the GSTR-2A form was not operational during the error period.
The High Court<\/a> noted the telecom company would have known the correct input tax credit (ITC) amount available to it in the relevant period, if the statutorily prescribed returns GSTR-2 and GSTR-3 had been operationalised by the government, and it could have discharged its liability through ITC.
In May, a two-judge bench of the High Court had allowed the telecom major to seek GST refunds and also directed the government to verify the excess GST claim within two weeks of the order and refund the amount to Bharti Airtel.
\"As a consequence, the deficiency in reporting the eligible ITC in the months of July-September 2017 in the form GSTR-3B has resulted in excess payment of cash by Bharti,\" it had said.
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