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Denial of ITC (inverted duty structure) invalid; Rule 89(5) ultra vires section 54(3) Provisions: Gujarat HC
Case Law Details
- Case Name
- VKC Footsteps India Pvt. Ltd. Vs. Union of India (Gujarat High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Gujarat High Court
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VKC Footsteps India Pvt. Ltd. Vs. Union of India (Gujarat High Court)
High Court held that by prescribing the formula in Sub-rule 5 of Rule 89 of the CGGST Rules,2017 to exclude refund of tax paid on ‘input service’ as part of the refund of unutilised input tax credit is contrary to the provisions of Sub-section 3 of Section 54 of the CGST Act,2017 which provides for claim of refund of ‘any unutilised input tax credit’. The word “Input tax credit” is defined in Section 2(63) means the credit of input tax. The word “input tax” is defined in Secti...
Need to know assessee wrongly taken an ITC refund in inverted tax structure instead of export. And now an audit para has generate by department to pay with interest. And as per inverted tax structure assessee takes less refund of ITC as he allow as per export based ITC refund. Help me whether any judgement available which are similarly related? Thanks in advance.
We hve also filed writ in Rajasthan High court for the same subject matter. Shree Ram Lime Products Pvt ltd. Jodhpur.