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Tripura and Karnataka High Courts Clarify GST ITC and Refund Rules

  • The Tripura High Court held that Section 16(2)(c) of the CGST Act should not block ITC in bona fide purchase transactions; it should apply only to non-bona fide or collusive cases.
  • The Court said requiring buyers to verify the seller’s tax compliance creates an impossible and disproportionate burden.
  • The Karnataka High Court held that the two-year deadline under Section 54 for GST refund applications is mandatory.
  • However, delayed refund applicants may seek writ relief from the High Court for condonation of delay, which can also extend the department’s time to act.

Source: vaishlaw.com

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.



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