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Nov 21

Whether decision of Hon’ble High Court of Gujarat (related to allowing inverted tax structure GST ITC refund of input services) is applicable to the taxpayers of Gujarat, or to all other Indian States ?

  • Written by TaxField
  • November 21, 2020
  • Views 331,293
  • Comments 0

Recently Hon’ble High Court of Gujarat has passed an Order dated 24.07.2020 in case of VKC Footsteps India Pvt Ltd Vs UoI wherein it has allowed input services GST refund to taxpayers which accumulated due to inverted tax structure.

However, on similar issue, Hon’ble High Court of Madras has passed an Order dated 21.09.2020 in case of Tvl Transtonnelstroy Afcons Joint Venture & Five Others Vs UoI wherein it has disallowed input services GST refund to taxpayers which accumulated due to inverted tax structure.

On comparing above both decisions, it implies that both the above decisions are conflicting decisions on same issue and therefore a question arises in the mind of taxpayers as to which decision is applicable to which state. 

 

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