GST Refund Right Cannot Be Curtailed Retrospectively by Amendment: J&K&L HC

Bharat Oil Traders Vs Assistant Commissioner & anr. (Jammu & Kashmir High Court) The Jammu and Kashmir High Court allowed the writ petition and held that the right to claim GST refund is a vested right which cannot be curtailed by retrospective application of the 2019 amendment to Section 54 of the CGST Act. The petitioner, a partnership firm engaged in refilling and sale of edible oil and ghee, was registered under the CGST/SGST Acts and operated under an inverted tax structure, where the tax rate on inputs was higher than the rate on outward supplies. As a result, it became entitled ...