Copy of Madras HC order holding Rule 89 (5) intra-vires Section 54, now available for download

Madras HC dismisses batch of writ petitions challenging the constitutional validity of Section 54(3)(ii); Holds that “Section 54(3)(ii) enables a registered person to claim a refund of unutilised input tax credit only to the extent that such credit has accumulated on account of the rate of tax on input goods being higher than the rate of tax on output supplies”; Further, concludes that “Rule 89(5) of the CGST Rules, as amended, is intra vires both the general rule makin...