GST Refund is allowed for ITC accumulated on account of the different tax rates on inward supplies
Last updated: 06 January 2024
Court :
Delhi High Court
Brief :
The Hon'ble Delhi High Court in the case of Indian Oil Corporation Limited v. Commissioner of Central Goods and Services Tax & Ors. [W.P.(C) 10222/2023 & CM No. 39561/2023] held that the Petitioner is entitled to the refund of accumulated ITC on account of the different tax rates on inward supplies, the same cannot be denied by virtue of Circular No. 135/5/2020-GST dated March 31,2020, issued under Section 168(1) of the Central Goods and Service Tax Act, 2017 ("the CGST Act"). Referring to paragraph 3.2 of the said Circular, a refund of accumulated ITC was not available, where the input and output supplies were the same, however, this ground stands virtually abandoned in the present case as the Petitioner seeks to be distinguished on the basis that though tax rates on the principle input supply and output supply is the same, the rate chargeable on other input supplies are different. Hence, the present petition is allowed.
Citation :
W.P.(C) 10222/2023 & CM No. 39561/2023
You have reached your daily limit of 2 Free Judgements
Subscribe to CCI PRO for unlimited access
Why Upgrade to CCI PRO?
- No Ads
- WhatsApp Broadcasts
- Daily E-Newsletter
- Unlimited Judgements Access
Already a PRO member? Login here for an ad-free experience.
Bimal Jain
Published in GST
Views : 1330
Comments
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
