Writ relief against show cause notices is available where jurisdiction is absent and concluded advance rulings cannot be reopened without fresh fraud ...
Refund of unutilized input tax credit under an inverted duty structure had to be reconsidered by the competent authority in light of the Supreme Court's ruling in Union of India v. VKC Footsteps India Pvt. Ltd., which upheld the restriction of refund under Rule 89(5) to input goods and excluded input services from Net ITC. The High Court did not examine the petitioner's computation on merits, as the refund issue was to be freshly decided under the settled legal position. If the authority disagreed with the petitioner's computation, it was directed to pass a speaking order giving specific reasons expeditiously.
Refund of unutilized input tax credit under an inverted duty structure had to be reconsidered by the competent authority in light of the Supreme Court's ruling in Union of India v. VKC Footsteps India Pvt. Ltd., which upheld the restriction of refund under Rule 89(5) to input goods and excluded input services from Net ITC. The High Court did not examine the petitioner's computation on merits, as the refund issue was to be freshly decided under the settled legal position. If the authority disagreed with the petitioner's computation, it was directed to pass a speaking order giving specific reasons expeditiously.
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