2022 (4) TMI 67 - HC - VAT and Sales Tax

Refund of unutilised ITC on input services - Applicability of decision in UNION OF INDIA ORS. VERSUS VKC FOOTSTEPS INDIA PVT LTD. 2021 (9) TMI 626 - SUPREME COURT or not - petitioner submits that the decision of Gujarat High Court in VKC Footsteps India Private Ltd., vs. Union of India has been overruled by accepting the views of a Division Bench of this Court in TVL. TRANSTONNELSTROY AFCONS JOINT VENTURE, TVL. ESSA GARMENTS PRIVATE LIMITED, INDIA DYEING MILLS (P) LIMITED, M/S. VEEKESY FOOTCARE (INDIA) PVT. LTD., KALEESUWARI REFINERY PVT LTD., VICTUR DYEINGS VERSUS UNION OF INDIA, THE GOODS AND SERVICES TAX COUNCIL, ASSISTANT COMMISSIONER ST AND OTHERS 2020 (9) TMI 931 - MADRAS HIGH COURT . HELD THAT - This Writ Petition is dismissed.

Summary

The High Court of Madras dismissed the Writ Petition as the issue was covered by a Supreme Court decision in Union of India vs. VKC Footsteps India Private Ltd. The decision of the Gujarat High Court was overruled based on the views of the Madras High Court in Tvl.Transtonnelstroy Afcons Joint Venture vs. Union of India.