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Refund of unutilised ITC is permissible even if there are multiple inputs and output supplies
๐ The Hon’ble Rajasthan High Court in the case of NAHAR INDUSTRIAL ENTERPRISES LTD V/s UNION OF INDIA decide on 31-10-2023
๐ Issue
โ๏ธ Can Refund of unutilised ITC is permissible if there are multiple inputs and output supplies?
๐ The Hon’ble High Court Judgement
โ๏ธ In a case where there is accumulation of unutilised ITC as a direct result of rate of tax on inputs exceeding rate of tax on output supplies ( Rates of tax on inputs were 5%, 12%, 18% and 28% whereas rates of tax on output supplies were 0.1%, 5% and 12%) , scheme of refund as embodied in section 54(3) of CGST Act, 2017 gets attracted; this statutory scheme of refund of unutilised input tax credit is applicable despite there being multiple inputs and output supplies.
Regards ๐
CA PRADEEP MODI
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