Refund of Inverted Duty ITC Cannot Be Denied Using Later GST Circular Because Right Accrued Earlier: Calcutta HC

Adani Wilmer Limited & Anr. Vs Assistant Commissioner of State Tax & Ors. (Calcutta High Court) The Calcutta High Court considered a writ petition challenging an appellate order dated May 11, 2024 passed under Section 107 of the Central Goods and Services Tax Act, 2017 and the West Bengal Goods and Services Tax Act, 2017. The petitioner, a supplier of goods including edible oil, had sought refund of accumulated unutilised Input Tax Credit (ITC) arising from an inverted duty structure. The petitioner had applied for refund of unutilised ITC for the tax period of May 2021. The refund aro...