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90% ITC Utilisation Not a Bar to GST Refund; Delhi HC directs Refund with Interest

Case Law Details

Case Name
Phoenix Impex Vs Sales Tax Officer (Delhi High Court)
Date of Judgement/Order
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Advertisement Phoenix Impex Vs Sales Tax Officer (Delhi High Court) The Delhi High Court considered a writ petition seeking refund of ₹25,16,760 claimed as unutilised Input Tax Credit (ITC) for November 2023. The petitioner had filed the refund application on 15 January 2024, alleging non-processing despite timelines prescribed under Section 54 of the CGST Act, including Section 54(7). During the pendency of the petition, the tax department issued a Show Cause Notice on 21 August 2025, stating that the refund was held up because the supplier had allegedly not remitted tax through cash and...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 18,551

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