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GST - Highlights / Catch Notes

Home Highlights January 2023 Year 2023 This

Supplementary refund of unutilized input tax credit pertaining ...


Court Upholds Rule 89(4) on GST Compensatory Cess Refunds; No Amendments Needed u/ss 54 and 164.

January 7, 2023

Case Laws     GST     HC

Supplementary refund of unutilized input tax credit pertaining to Compensatory Cess - Section 164 of the GST Act empowers the Government to frame rules. Refund of unutilized input tax credit has been provided under Section 54. Corresponding rules are found in Rule 89 of the GST Rules, which is in conformity with the powers conferred under Section 164 of the GST Act. - This Court does not find any merit in the nature of challenge made in the writ petitions and declines to read down Rule 89(4) of the Central Goods and Services Tax Rules, 2017/the Odisha Goods and Services Tax Rules, 2017 - HC

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