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    <title>Dealer Entitled to GST Refund When Input Tax Exceeds Output; Court Lowers Interest on Refund from 9% to 6.</title>
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    <description>The High Court held that u/s 54 of the Goods and Services Tax Act, 2017, when the input tax credit paid is higher than the output tax, the dealer is entitled to seek a refund of the excess amount. The Court rejected the Revenue&#039;s argument that the dealer voluntarily paid excess tax, as the legislative intent is to provide a refund when the input tax credit exceeds the output tax. In the present case, the dealer was entitled to a refund as the output tax was only 5%, while the input tax credit was 18%. Regarding the interest rate, the Court modified the 9% rate awarded by the writ Court to 6%, payable by the Revenue from the date of expiry of sixty days from the Original Authority&#039;s order u/s 54(5). The writ appeals filed by the Revenue were dismissed.</description>
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    <pubDate>Fri, 06 Sep 2024 20:35:03 +0530</pubDate>
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      <title>Dealer Entitled to GST Refund When Input Tax Exceeds Output; Court Lowers Interest on Refund from 9% to 6.</title>
      <link>https://www.taxtmi.com/highlights?id=81095</link>
      <description>The High Court held that u/s 54 of the Goods and Services Tax Act, 2017, when the input tax credit paid is higher than the output tax, the dealer is entitled to seek a refund of the excess amount. The Court rejected the Revenue&#039;s argument that the dealer voluntarily paid excess tax, as the legislative intent is to provide a refund when the input tax credit exceeds the output tax. In the present case, the dealer was entitled to a refund as the output tax was only 5%, while the input tax credit was 18%. Regarding the interest rate, the Court modified the 9% rate awarded by the writ Court to 6%, payable by the Revenue from the date of expiry of sixty days from the Original Authority&#039;s order u/s 54(5). The writ appeals filed by the Revenue were dismissed.</description>
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      <pubDate>Fri, 06 Sep 2024 20:35:03 +0530</pubDate>
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