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

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 thro

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