High Court of Kerala
AVT Mccormick Ingredients (P.) Ltd. v. Union of India
WP (C) NO. 12964 OF 2019
The ruling in brief
Where exporter claimed refund of unutilised SGST from transitional credit after migration from KVAT but failed to produce GST TRAN-1 or proof that credit was available in Electronic Credit Ledger as on 01.07.2017, refund was rightly rejected and writ remedy was not available since statutory appellate remedies were bypassed and writ was filed belatedly
Provisions considered
Section 54, read with section 140, of Central Goods and Services Tax Act, 2017/Kerala State Goods and Services Tax Act, 2017 - Rule 86, read with rules 89 and 117, of Central Goods and Services Tax Rules, 2017/Kerala State Goods and Services Tax Rules, 2017
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.