M/s Shiva & Co paid the excess tax in GSTR 3B of March 2020. It is identified in Oct 2020. Can it claim the refund as more than 2 years have passed?
As per section 54(1), any person claiming refund of any tax paid by him, may make an application before the expiry of two years from the relevant date. As per Explanation to section 54 the relevant date is the date of payment of tax. If we go by this, the period of 2 years is expired. But as per NOTIFICATION NO. 13/2022 – CENTRAL, DATED 5-7-2022, the period from the 1st day of March 2020 to the 28th day of February 2022 for computation of the period of limitation for filing refund application under section 54 is excluded.