Court :
High Court of Jammu & Kashmir and Ladakh at Jammu
Brief :
The Hon’ble High Court of Jammu & Kashmir and Ladakh at Jammu in the case of Bharat Oil Traders v. Assistant Commissioner &Anr. [WP(C) No. 192/2023, order dated January 2, 2026] held that amendment to Explanation (2)(e) Section 54 CGST Act, 2017 w.e.f. February 1, 2019 substituting "relevant date" for unutilized ITC refund u/s 54(3)(ii) inverted duty structure from "end of financial year in which claim arises" to "due date for furnishing return u/s 39 for period claim arises" operates prospectively and cannot retrospectively divest vested rights accrued pre-amendment.
Citation :
WP(C) No. 192/2023, order dated January 2, 2026]
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