Dealer cannot be compelled to carry forward the ITC to GST regime instead of refund

The Hon’ble Madras High Court in Easwaran Brothers India Private Limited v. The Assistant Commissioner (ST) (FAC) [W.P. No. 33593, 33048 and 33593 of 2022 dated December 15, 2022] has held that dealers cannot be compelled to carry forward Input Tax Credit (“ITC”) from extant regime to the Goods and Services Tax (“GST”) regime if the dealer chooses to avail refund instead.

Source a2ztaxcorp