2024 (6) TMI 834

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....r. Bharat Raichandani, Advocate, (through Video Conferencing) and Mr. Ishaan Kashyap, Advocate. For the Respondents: Mr. Vijay Arora, Senior Standing Counsel, for respondent nos. 1, 3 to 5. Mr. Anup Rattan, Advocate General with Mr. Sushant Kaprate, Additional Advocate General, for respondent no. 2-State. M.S. RAMACHANDRA RAO, CHIEF JUSTICE (ORAL) In this writ petition, the petitioner ass....

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....in October 2020 pursuant to acquisition of business undertaking from M/s Sozin Flora Pharma LLP, and the eligible ITC reflecting in the Electronic Credit Ledger in the books of Sozin was transferred to it by filing ITC-02; that it therefore wished to file GST refund application under "Inverted Duty Structure" for the financial years 2017-2018, 2018-2019 & 2020-2021, but since its GST registration ....

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....nically w.e.f. 26.09.2019. 4. It is elementary that a circular issued by the department cannot go contrary to a rule framed by the competent authority such as Rule 97A, and the 5th respondent ought not to have rejected the applications for refund for the financial years in question on the ground that a particular application form RFD-01 has not been filed or that the applications for refund wer....

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....Therefore the 5th respondent could not have refused to entertain the application of the petitioner for refund of unutilized input tax credit on the ground that the petitioner was not a "registered" person at the relevant point of time. The 5th respondent should also have taken note of Rule 41 which deals with instances of transfer of credit on amalgamation/ merger etc. of businesses/companies. ....