Refund of unutilised ITC on input services - Vires of Rule 89(5) ...

Court Upholds Rule 89(5) Validity on ITC Refunds Despite Anomalies, Aligns with Section 54(3) CGST Act.

September 14, 2021

Case Laws GST SC

Refund of unutilised ITC on input services - Vires of Rule 89(5) vis-à-vis Section 54(3) of the CGST Act - While we are alive to the anomalies of the formula, an anomaly per se cannot result in the invalidation of a fiscal rule which has been framed in exercise of the power of delegated legislation. - We are affirmatively of the view that this Court should not in the exercise of the power of judicial review allow itself to become a one-time arbiter of any and every anomaly of a fiscal regime despite its meeting the jurisdictional framework for the validity of the legislation, including delegated legislation. - SC

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Refund of unutilised ITC on input services - Vires of Rule 89(5) ...

Court Upholds Rule 89(5) Validity on ITC Refunds Despite Anomalies, Aligns with Section 54(3) CGST Act.

September 14, 2021

Case Laws GST SC

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