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GST - Highlights / Catch Notes

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Scope of SCN - Refund claim - Unutilised Input Tax Credit (ITC) ...


Dispute Over Input Tax Credit Refund and Res Judicata; Court Criticizes Inconsistent Tax Authority Approach.

March 14, 2024

Case Laws     GST     HC

Scope of SCN - Refund claim - Unutilised Input Tax Credit (ITC) - applicability of principle of res judicata - Adherence to the Accounting Standards or not - Specific goods have not been capitalised by the Petitioner in accordance with Accounting Standard 10. - The Court found merit in the Company's contention that the tax authorities' approach lacked consistency. It emphasized the importance of uniform treatment for similar factual and legal circumstances, highlighting that the arbitrary withholding of refunds for the disputed periods was unjustified.

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