https://www.taxtmi.com/caselaws?id=395462 The VAT scheme required excess Input Tax Credit to be adjusted against outstanding tax dues and then refunded if any balance remained unutilised. Rule 10 governed the refund mechanism and did not permit indefinite carry-forward of the excess credit instead of refund. The dealer's continued business activity did not defeat this statutory entitlement, and the transition to the GST regime, including filing of Form GST TRAN-I, did not justify withholding credit that had already become refundable under the earlier law. The rejection of refund was therefore unsustainable, and refund of the balance Input Tax Credit was due after adjustment. en-us Tue, 19 May 2020 00:00:00 +0530 Tue, 03 Nov 2020 13:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=395462 The VAT scheme required excess Input Tax Credit to be adjusted against outstanding tax dues and then refunded if any balance remained unutilised. Rule 10 governed the refund mechanism and did not permit indefinite carry-forward of the excess credit instead of refund. The dealer's continued business activity did not defeat this statutory entitlement, and the transition to the GST regime, including filing of Form GST TRAN-I, did not justify withholding credit that had already become refundable under the earlier law. The rejection of refund was therefore unsustainable, and refund of the balance Input Tax Credit was due after adjustment. Case-Laws VAT and Sales Tax Tue, 19 May 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=395462