https://www.taxtmi.com/caselaws?id=764767 HC dismissed the appeal and directed the appellant to refund the GST paid on an advance within eight weeks. The court held that where a contract was rescinded for supplier non-performance and the assessee recovered the advance by encashing the bank guarantee, the GST remitted in contemplation of the contract could not be retained by the State because the underlying taxable transaction failed. The absence of a credit note from the vendor did not preclude refund, and statutory provisions and precedent support refund to the purchaser when no supply occurred. en-us Thu, 09 Jan 2025 00:00:00 +0530 Fri, 07 Nov 2025 15:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=764767 HC dismissed the appeal and directed the appellant to refund the GST paid on an advance within eight weeks. The court held that where a contract was rescinded for supplier non-performance and the assessee recovered the advance by encashing the bank guarantee, the GST remitted in contemplation of the contract could not be retained by the State because the underlying taxable transaction failed. The absence of a credit note from the vendor did not preclude refund, and statutory provisions and precedent support refund to the purchaser when no supply occurred. Case-Laws GST Thu, 09 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=764767