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of <h1>Gujarat and Madras High Courts Clash Over Refunds of Unutilized ITC Under Inverted Duty Structure, Rule 89(5) in Dispute.</h1> The Gujarat High Court and Madras High Court have delivered conflicting judgments regarding the refund of unutilized input tax credit (ITC) under the inverted duty structure. The Gujarat High Court ruled that Rule 89(5) of the CGST Rules, which denies refunds for input services, is ultra vires to Section 54(3) of the CGST Act, allowing refunds for both inputs and input services. Conversely, the Madras High Court upheld the validity of Rule 89(5), interpreting Section 54(3)(ii) as restricting refunds to unutilized ITC accumulated from input goods only, excluding input services, thereby dismissing challenges to the rule's constitutionality.
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