I’m pleased to share my latest article titled “Refund of ITC on Closure of Business: The Debate Rekindles” published in VIL GST.
The article examines the evolving legal interpretation surrounding Section 49(6) of the CGST Act and the refund of unutilized Input Tax Credit (ITC) on business closure—sparked by the recent judgment of the Sikkim High Court in SICPA India Pvt. Ltd. vs Union of India.
- This piece discusses:
- The judicial divergence on the scope of Section 54(3)
- The taxpayer’s right to refund under Section 49(6)
- The need for clarity in GST refund provisions during business discontinuance
Read the full article here:
https://vilgst.com/showiframe?V1Zaa1VsQlJQVDA9=TVRjd09BPT0=&page=articles
PDF also attached for convenience
Would love to hear your views and thoughts on this continuing debate.
(The author is a practicing advocate, Co-Founder and Legal Head of RB LawCorp.
He specializes in GST law. Suggestions or queries can be directed to
ashsharma@rblawcorp.in. The views expressed in this article are strictly
personal.)
