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THE HIGH COURT OF SIKKIM : GANGTOK
BISWANATH SOMADDER, CJ., BHASKAR RAJ PRADHAN
Union of India, Through the Secretary, Department of Revenue – Appellant
Versus
SICPA India Private Limited – Respondent
JUDGMENT :
Bhaskar Raj Pradhan, J.
1. The writ appeal preferred by the Union of India desires the interpretation of section 49(6) and section 54(3) of the Central Goods and Services Tax Act, 2017 (for short, the CGST Act) by the Division Bench. The interpretation of the provisions arises as the respondent - SICPA India Private Ltd. (for short, SICPA) insists that the unutilised Input Tax Credit (for short, ITC) is required to be refunded by the appellant under section 49(6) of the CGST Act. SICPA succeeded before the writ Court and therefore, the Union of India has preferred this appeal.
Submissions
2. The learned Deputy Solicitor General of India submits that the CGST Act and the relevant provisions for refund of ITC has already been examined and decided by the Hon‘ble Supreme Court in Union of India vs. VKC Footsteps (India) (P) Ltd., (2022) 2 SCC 603 and the present writ appeal may be disposed of as the interpretation rendered therein is binding. She also relied upon the judgment of the Division Bench of Tripura High Court in M/s Sterlite Power Transmission Limited vs. Additional Commissioner, CGST and CX and others , (2024) SCC Online Tri 879, in which it was held that in case of a
Refund of unutilized input tax credit is a strictly statutory right confined to specific situations prescribed by law. It cannot be granted upon business closure unless explicitly enumerated by the l....
The balance of unutilized input tax credit remaining in an electronic ledger upon the permanent closure of a business is refundable, as the law does not expressly prohibit such claims, and the state ....
The main legal point established is that the statutory scheme of refund under Section 54(3) of the CGST Act, 2017 applies to cases of accumulation of unutilised input tax credit due to an inverted du....
Taxpayers are eligible for refunds of accumulated input tax credit even when input and output supplies are identical, as clarified through legislative amendments.
The court established that transitional CENVAT credit can be carried forward into the GST regime and utilized for claiming refunds under the CGST Act, rejecting hyper-technical interpretations by aut....
Refund of unutilized CENVAT credit due to closure is not permitted under Section 11B(2)(c) post 01.04.2012 amendments.
Transitional credit recognized in GST Form TRAN-1 must be considered for refund claims under Section 54 of the CGST Act, regardless of its verification timing.
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