🚨 Landmark GST Refund Judgment by Sikkim High Court 🚨
- Sumit ved
- Jul 7
- 1 min read
📜 Case: SICPA India Private Limited & Another vs. Union of India
⚖️ Held: Refund of unutilized GST Input Tax Credit (ITC) on business closure allowed
In a significant ruling, the Hon’ble High Court of Sikkim has upheld the right to claim a refund of unutilized ITC when a business ceases operations. This decision clarifies that after settling all liabilities—such as capital asset reversals and other adjustments—businesses can claim a refund of remaining ITC under Section 49(6) of the CGST Act.
🔍 Key Takeaways:
✅ Businesses discontinuing operations can apply for ITC refunds
✅ The ruling sets a precedent for similar cases across India
✅ Ensures fair treatment of tax credits upon business closure
This judgment is a game-changer for businesses navigating GST compliance during closure.
If you or your clients are in a similar situation, this ruling could be crucial in securing rightful refunds.
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