Inverted duty structure refunds cover higher-taxed tea packaging inputs, and departmental circulars cannot curtail statutory entitlement.

Inverted duty structure refunds cover higher-taxed tea packaging inputs, and departmental circulars cannot curtail statutory entitlement.Case-LawsGSTAccumulated input tax credit on higher-taxed packaging materials, containers and printed flexible packa…

Inverted duty structure refunds cover higher-taxed tea packaging inputs, and departmental circulars cannot curtail statutory entitlement.
Case-Laws
GST
Accumulated input tax credit on higher-taxed packaging materials, containers and printed flexible packaging used for packaged tea qualifies for inverted duty structure refund where those inputs bear a higher tax rate than the output supply. Equal tax treatment of bulk tea and packaged tea does not negate the refund where the packaging inputs themselves create the rate inversion. A departmental circular addressing reductions in tax rates on the same goods over time does not apply to this circumstance and cannot restrict a refund otherwise available under the Act. The sanctioned refund is consequently payable.
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