Tag Archives: KOLKATA BENCH

Inverted Duty Refund Upheld for Higher Taxed Packaging Inputs Under Section 54(3)(ii)

By | September 10, 2026

Inverted Duty Refund Upheld for Higher Taxed Packaging Inputs Under Section 54(3)(ii) Inverted Duty Refund Upheld for Higher Taxed Packaging Inputs Under Section 54(3)(ii) Issue Whether an assessee supplying packaged tea at 5% is entitled to an Input Tax Credit (ITC) refund under the inverted duty structure on account of higher tax rates (12%/18%) paid… Read More »

Early Hearing Granted by GSTAT for Refund Appeals Citing Severe Financial Hardship and Pendency

By | September 2, 2026

Early Hearing Granted by GSTAT for Refund Appeals Citing Severe Financial Hardship and Pendency Issue Whether interlocutory applications seeking early hearing of multiple pending refund appeals before the Goods and Services Tax Appellate Tribunal (GSTAT) are maintainable and fit to be allowed when denial of refunds causes severe financial prejudice and impacts business cash flows.… Read More »

Rule 43 Exclusion Amendment for MEIS Scrips Applies Prospectively, but Extended Limitation Under Section 74 Cannot Be Invoked Without Fraud

By | September 1, 2026

Rule 43 Exclusion Amendment for MEIS Scrips Applies Prospectively, but Extended Limitation Under Section 74 Cannot Be Invoked Without Fraud Issue Whether the amendment to Rule 43 excluding the value of MEIS Duty Scrips from exempt supplies applies retrospectively, and whether extended limitation under Section 74(1) can be invoked without proven fraud or suppression. Facts… Read More »