Whether SEZ units are allowed to file refund of unutilized input tax credit ?
Issue Favourable to Tax Payer ?:- yes
Held - It was also the case of the petitioner that since it was a SEZ unit making zero rated supplies under the GST, was not in a position to utili.....
Issue Favourable to Tax Payer ?:- yes
HELD - The petitioners export specifically falls under such category in proviso to Section 54(2) of the Act. Proviso to Rule 89(1) is only an excep.....
Issue Favourable to Tax Payer ?:- yes
Held - In view of the aforesaid, the writ applicant could be said to be entitled to claim the refund of the IGST lying in the Electronic Credit Led.....
Issue Favourable to Tax Payer ?:- yes
Held - The provisions of Section 54 of the CGST Act, providing for a refund, apply to any person who claims such refund and who makes an applicatio.....
Issue Favourable to Tax Payer ?:- yes
Held - In facts of the present case, instead of Rule 96 as was applicable in case of M/s. Amit Cotton Industries(supra), Rule 89 would be applicabl.....
Issue Favourable to Tax Payer ?:- no
Held - On comprehending the Rule 89(1), the second proviso unambiguously stipulates that in respect of supplies to SEZ units/developers, the refund.....