Administrative fraud classification suspension does not halt independent criminal investigation or warrant-based searches into alleged economic offenc...
Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
The High Court held that u/s 54 of the Goods and Services Tax Act, 2017, when the input tax credit paid is higher than the output tax, the dealer is entitled to seek a refund of the excess amount. The Court rejected the Revenue's argument that the dealer voluntarily paid excess tax, as the legislative intent is to provide a refund when the input tax credit exceeds the output tax. In the present case, the dealer was entitled to a refund as the output tax was only 5%, while the input tax credit was 18%. Regarding the interest rate, the Court modified the 9% rate awarded by the writ Court to 6%, payable by the Revenue from the date of expiry of sixty days from the Original Authority's order u/s 54(5). The writ appeals filed by the Revenue were dismissed.
The High Court held that u/s 54 of the Goods and Services Tax Act, 2017, when the input tax credit paid is higher than the output tax, the dealer is entitled to seek a refund of the excess amount. The Court rejected the Revenue's argument that the dealer voluntarily paid excess tax, as the legislative intent is to provide a refund when the input tax credit exceeds the output tax. In the present case, the dealer was entitled to a refund as the output tax was only 5%, while the input tax credit was 18%. Regarding the interest rate, the Court modified the 9% rate awarded by the writ Court to 6%, payable by the Revenue from the date of expiry of sixty days from the Original Authority's order u/s 54(5). The writ appeals filed by the Revenue were dismissed.
Note: It is a system-generated summary and is for quick reference only.