Subsidy-linked pricing does not bar inverted duty structure refunds when input tax rates exceed output tax rates.
Section 54(3) and the Explanation defining Net ITC permit refund of unutilised ITC where input rates exceed output rates irrespective of why ITC accumulated; Rule 89(5) prescribes the refund formula and contains no exclusion for accumulation caused by Government subsidy, and valuation rules exclude subsidies from transaction value without converting supplies into exempt supplies. (AI Summary)
Section 54(3) and the Explanation defining Net ITC permit refund of unutilised ITC where input rates exceed output rates irrespective of why ITC accumulated; Rule 89(5) prescribes the refund formula and contains no exclusion for accumulation caused by Government subsidy, and valuation rules exclude subsidies from transaction value without converting supplies into exempt supplies. (AI Summary)
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