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Alternative GST remedy permitted protective writ intervention for ex parte adjudication, preserving independent appellate review of input tax credit d...
Assessment against deceased sole proprietor requires proceedings against the legal representative, rendering prior assessment and appellate orders inv...
Residential waste collection classification under SAC 999423 defeats composite-supply exemption where facilitating goods are not transferred to the lo...
Condonation of delay permits statutory appeal restoration where inadequate service explanation prevented consideration of reassessment and taxable-inc...
The SC dismissed the Special Leave Petition challenging the applicability of the refund formula under Rule 89(5) of the CGST/SGST Rules, 2017 and related notifications. The Court upheld the validity of the formula for refund of unutilized input tax credit, rejecting claims of ambiguity or unworkability. It affirmed the High Court's view that although the formula may produce certain practical inequities, it aligns with legislative intent to grant limited refunds on accumulated ITC. The Court declined to interfere, holding that the GST Council's formula and related circulars are valid and their retrospective or prospective application does not warrant judicial intervention. Consequently, the petition was dismissed, confirming the existing legal framework for refund of unutilized ITC under the prescribed rules.
The SC dismissed the Special Leave Petition challenging the applicability of the refund formula under Rule 89(5) of the CGST/SGST Rules, 2017 and related notifications. The Court upheld the validity of the formula for refund of unutilized input tax credit, rejecting claims of ambiguity or unworkability. It affirmed the High Court's view that although the formula may produce certain practical inequities, it aligns with legislative intent to grant limited refunds on accumulated ITC. The Court declined to interfere, holding that the GST Council's formula and related circulars are valid and their retrospective or prospective application does not warrant judicial intervention. Consequently, the petition was dismissed, confirming the existing legal framework for refund of unutilized ITC under the prescribed rules.
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