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    <title>2020 (2) TMI 169 - DELHI HIGH COURT</title>
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    <description>The Delhi HC held that GST Circulars No.37/11/2018 and No.125/44/19 restricting refund claims for unutilized CENVAT credit across different financial years were arbitrary and invalid. The court ruled that exporters cannot be denied refunds of accumulated Input Tax Credit merely because exports occurred in a different financial year than when the credit was earned. The restriction blocked the petitioner&#039;s capital of Rs. 30 crores in unutilized ITC, contrary to the fundamental spirit of GST law. The court directed authorities to process the refund claim in accordance with law, emphasizing that businesses cannot be constrained by arbitrary executive restrictions on when to export. Petition allowed by way of remand.</description>
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    <pubDate>Tue, 21 Jan 2020 00:00:00 +0530</pubDate>
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      <title>2020 (2) TMI 169 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=391725</link>
      <description>The Delhi HC held that GST Circulars No.37/11/2018 and No.125/44/19 restricting refund claims for unutilized CENVAT credit across different financial years were arbitrary and invalid. The court ruled that exporters cannot be denied refunds of accumulated Input Tax Credit merely because exports occurred in a different financial year than when the credit was earned. The restriction blocked the petitioner&#039;s capital of Rs. 30 crores in unutilized ITC, contrary to the fundamental spirit of GST law. The court directed authorities to process the refund claim in accordance with law, emphasizing that businesses cannot be constrained by arbitrary executive restrictions on when to export. Petition allowed by way of remand.</description>
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      <pubDate>Tue, 21 Jan 2020 00:00:00 +0530</pubDate>
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