The High Court held that Section 17(2) of the CGST Act is not ultra vires Article 14 of the Constitution...

The High Court held that Section 17(2) of the CGST Act is not ultra vires Article 14 of the Constitution to the extent it restricts refund under the inverted duty structure. The petitioner does not have a vested right to claim refund of accumulated Input Tax Credit on goods and services due to the inverted duty structure under the first proviso to Section 54(3) of the CGST Act. The restrictions imposed on the petitioner on availing credits used for exempted services u/s 17(2) and claiming refund of taxes on inputs and input services under the first proviso to Section 54(3) are valid. The right to avail Input Tax Credit and the benefit of taxes paid on inputs and input services does not extend to exempted supplies. The petitioner, providing ..... .....

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