Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
The HC allowed the petition and held that Input Tax Credit is an indefeasible right accruing on the date of purchase; therefore the CBITC clarification (Circular No. 181/13/2022-GST Pt.2) which confined entitlement to refunds only for applications filed up to 18.07.2022 is ultra vires, arbitrary and violative of Article 14. The court found that Notification dated 13.07.2022 contains no embargo and that section 54 of the Act of 2017 affords a two-year limitation to claim refund; consequently the impugned provision was quashed to the extent it curtailed refund claims post-18.07.2022 and the petitioner's challenge was allowed.
The HC allowed the petition and held that Input Tax Credit is an indefeasible right accruing on the date of purchase; therefore the CBITC clarification (Circular No. 181/13/2022-GST Pt.2) which confined entitlement to refunds only for applications filed up to 18.07.2022 is ultra vires, arbitrary and violative of Article 14. The court found that Notification dated 13.07.2022 contains no embargo and that section 54 of the Act of 2017 affords a two-year limitation to claim refund; consequently the impugned provision was quashed to the extent it curtailed refund claims post-18.07.2022 and the petitioner's challenge was allowed.
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