Indian Oil Corporation Limited Vs Commissioner, Central Tax
- Court:
- High Court
- Bench:
- Delhi
- Date:
- December 4, 2023
- Type:
- Writ Petition
- Members:
- VIBHU BAKHRU, AMIT MAHAJAN
Subject
Section 54(3) does not restrict the refund in cases where the input and output supplies are the same
Summary
The petitioner IOCL filed a petition seeking a refund of accumulated Input Tax Credit (ITC) which was denied by the Revenue citing the proviso to Section 54(3) of the CGST Act. The petitioner's claim was based on the argument that the rate of tax…
Judgement
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT 1. The petitioner (hereafter ‘ IOCL’ ) has filed the present petition being aggrieved by denial of claims for the refund of accumulated Input Tax Credit (hereafter ‘ITC’ ). The same was denied to the petitioner on the ground that the rate of tax on input supply and output supply are the According to the Revenue, the refund…