https://www.taxtmi.com/caselaws?id=420452 HC held that Circular No. 135/2020-GST issued under Section 168(1) CGST Act cannot curtail or override the substantive right to refund of unutilized ITC under Section 54(3)(ii). The statute permits refund where ITC accumulates due to a higher tax rate on inputs than on output supplies, without distinguishing cases where input and output supplies are identical. The circular's restriction that refund is unavailable if input and output supplies are the same was declared ultra vires the Act, as it impermissibly narrows the statutory benefit. The authority was directed not to rely on the circular and to grant the refund of accumulated ITC to the petitioner. en-us Fri, 11 Mar 2022 00:00:00 +0530 Fri, 12 Dec 2025 14:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=420452 HC held that Circular No. 135/2020-GST issued under Section 168(1) CGST Act cannot curtail or override the substantive right to refund of unutilized ITC under Section 54(3)(ii). The statute permits refund where ITC accumulates due to a higher tax rate on inputs than on output supplies, without distinguishing cases where input and output supplies are identical. The circular's restriction that refund is unavailable if input and output supplies are the same was declared ultra vires the Act, as it impermissibly narrows the statutory benefit. The authority was directed not to rely on the circular and to grant the refund of accumulated ITC to the petitioner. Case-Laws GST Fri, 11 Mar 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=420452