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Retrospective applicability of the amended Rule 89(5) governing refund of unutilised input tax credit on input services was treated as settled: the Court noted the Supreme Court's ruling in VKC Footsteps and the coordinate bench view in Ascent Meditech that Notification No. 14/2022 is retrospective, curative and clarificatory. As that legal position was undisputed, the deficiency memo rejecting the refund claim could not stand. The refund application was required to be processed under the amended formula and the law as declared.
Retrospective applicability of the amended Rule 89(5) governing refund of unutilised input tax credit on input services was treated as settled: the Court noted the Supreme Court's ruling in VKC Footsteps and the coordinate bench view in Ascent Meditech that Notification No. 14/2022 is retrospective, curative and clarificatory. As that legal position was undisputed, the deficiency memo rejecting the refund claim could not stand. The refund application was required to be processed under the amended formula and the law as declared.
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