GST Rule 89(5) Amendment Held Retrospective, AP HC Set Aside Refund Rejection

AWL Agri Business Limited Vs Joint Commissioner (Andhra Pradesh High Court) The petitioner, engaged in importing edible oil and supplying it domestically after refining and packing, sought refunds of accumulated input tax credit (ITC) arising from an inverted duty structure for November 2018, March 2019, and April 2019. Three separate refund applications were rejected by the adjudicating authority on the ground that Rule 89(5) of the CGST Rules precluded such refund. Appeals filed against these rejections were also dismissed on 25 February 2022. Aggrieved, the petitioner approached the Andhra ...