Refund on account of Gujarat Textile Policy allowed to be adjusted against outstanding tax dues

Khushbu Vinyl Pvt Ltd Vs State of Gujarat (Gujarat High Court)

Conclusion: Department was not justified in cancelling the certificate of entitlement of assessee-company and  denying refund of tax paid on purchase of raw material and intermediate products as since the date when the actual production started, assessee did not have the eligibility certificate, they continued to discharge tax liability as a normal dealer and claimed input tax credit by adjusting the same against output tax liability and on account of retrospect

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