GST: SC Rulings Apply Retrospectively Unless Stated Otherwise: Calcutta HC

Assessment order without considering the Supreme court pronouncement, liable to set aside: Calcutta High Court Summary: The Calcutta High Court in Sunrise Timply Company Pvt. Ltd. vs. Union of India & Ors held that a judgment of a Constitutional Court declaring the correct position of law applies retrospectively unless it is expressly stated to operate prospectively, while statutes ordinarily apply prospectively unless made retrospective. In this case, proceedings were initiated under Section 74 of the CGST Act alleging non-payment of IGST on ocean freight under reverse charge. Despite the...