Courts cannot create alternative GST Refund Mechanisms outside Section 54: SC

Union of India & Anr. Vs Torrent Power Ltd. (Supreme Court of India)

In recent case of UNION OF INDIA & ANR. Vs TORRENT POWER LTD. Supreme Court held that, court are not allowed to invent the new modality which is not contemplated by the provision of Law nor rules. Court directed to credit the amount refundable to Consumer Welfare Fund.

Background

Taxpayer (respondent) is a generator and distributor of power in the State of Gujarat. And collected from its consumers the amounts payable towards IGST on ocean freight (Notification No. 10/2017-Int

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