Refund of unutilised ITC - inverted duty structure - Denial on ...

Court Rules Input Services Excluded from ITC Refunds Under Inverted Duty Structure per Section 54, Rule 89(5.

September 24, 2020

Case Laws     GST     HC

Refund of unutilised ITC - inverted duty structure - Denial on Input services - Explanation to Section 54 uses the terms "inputs" and "input services" separately and distinctively, thereby indicating the legislative intent to distinguish one from the other - we are unable to countenance with the submission that the word ''inputs'' should be read so as to include ''input services'' merely because the undefined word ''output supplies'' is used in Section 54(3)(ii)- it is not necessary to interpret Rule 89(5) and, in particular, the definition of Net ITC therein so as to include the words input services. - HC

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