Court Rules Incorrect Interpretation of Section 54 and Rule 89 in SEZ Unit's Input Tax Credit Refund Case.

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....SEZ unit - Refund of unutilized Input Tax Credit - entity to seek a refund - On a combined reading of Section 54 and Rule 89, the restriction which has been read into the provision by the Revenue is, in my view, misplaced. In fact, the Officer in the impugned order proceeds on the basis that the second proviso to Rule 89 deploys the word 'only', which is not found in the second proviso. It is a settled position that there can be no insertion of a word or phrase in a statutory provision or in a Rule which must be read and applied, as framed. - HC....