VKC Footsteps India Pvt. Ltd. Vs. Union of India
Date: July 24, 2020
Subject Matter
Denial of refund of "unutilized ITC" paid on "input services" as part of ITC accumulated on account of inverted duty structure is ultra vires the provision of Section 54(3)
Summary
From the conjoint reading of the provisions of Act and Rules, it appears that by prescribing the formula in Sub-rule 5 of Rule 89 of the CGGST Rules,2017 to exclude refund of tax paid on “input service” as part of the refund of any unutil…
1. Since these petitions are arising out of the common issue, the same were heard analogously and are being disposed of by this Common Judgment. 2. For the sake of convenience, the Special Civil Application No. 2792 of 2019 is treated as the lead matter. 3. The petitioner has prayed for the following reliefs: “20. The Petitioners, therefore, prays that this Hon’ble Court may be pleased…