Tvl. Transtonnelstroy Afcons Joint venture Vs Union Of India
Date: September 21, 2020
Subject Matter
Refund is available only on input goods related Unutilised ITC accumulated on account of being subjected to Inverted Duty Structure
Summary
(1) Section 54(3)(ii) does not infringe Article 14. (2) Refund is a statutory right and the extension of the benefit of refund only to the unutilised credit that accumulates on account of the rate of tax on input goods being higher than the rate of t…
At the heart of this batch of writ petitions is the question whether the Petitioners are entitled to a refund of the entire unutilised input tax credit that each of them has accumulated on account of being subjected to an inverted duty structure. In certain cases, the constitutional validity of Section 54(3)(ii) of the Central Goods and Services Tax Act, 2017(the CGST Act) is impugned, whereas, in…