9911796707
TMI Blog2024 (7) TMI 1160X X X X Extracts X X X X X X X X Extracts X X X X ..... ) TMI 342 - SUPREME COURT] . Therefore, the impugned order denying the benefit of the refund on account of the Inverted Duty Structure to the petitioner is unsustainable. The impugned order is set aside and the case is remitted back to the respondent to pass a fresh order in the light of the above mentioned orders santioning for the refund to the petitioner. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. Petition allowed by way of remand. - Honourable Mr. Justice C. Saravanan For the Petitioner : Mr. J. Shankarraman For the Respondent : Mr. R. Nandha Kumar Senior Panel Counsel ORDER Heard learned counsel for the petitioner and learned Senior Penal Counsel for the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that refund of accumulated ITC in terms clause (ii) of sub-section (3) of section 54 of the CGST Act is available where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies. It is noteworthy that, the input and output being the same in such cases, though attracting different tax rates at different points in time, do not get covered under the provisions of clause (ii) of sub-section (3) of section 54 of the CGST Act. It is hereby clarified that refund of accumulated ITC under clause (ii) of sub-section (3) of section 54 of the CGST Act would not be applicable in cases where the input and the output supplies are the same. 10. Whereas it appeared that the tax payer are manufacturi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssociates Another vs. Joint Commissioner of State Tax in W.P.A.No.54 of 2022 dated 11.03.2022 3. Rajesthan High Court Baker Huges Asia Pacific Limited vs. Union of India and three others in D.B.Civil Writ Petition No. 5714/2021 dated 30.06.2022 4. Delhi High Court Indian Oil Corporation Limited vs. Commissioner of Central Goods and Services Tax and others in W.P. (C)No.10222/2023 and C.M.No.39561/2023 dated 05.12.2023 6. Despite the same, the circular has been applied to the facts of the case to deny the benefit of the refund under Section 54(3) of the respective GST enactments to the petitioner. The decisions of the above mentioned High Courts, which have struck down the Circular as ultravires, have not been reversed so far. 7. The provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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