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The article is an analysis of the judgment passed by the Delhi High Court in BT (India) Private Limited v. Union of India & Ors, which concerned the denial of tax refunds.
KPMG Indirect Tax Head & Partner Abhishek Jain said the amendments proposed are aligned with the apex court's ruling in the case of Mohit Minerals and help explicitly mention the government's alignment to the position. "While this has been issued prospectively, the industry has been seeking and successfully claiming refund of taxes already paid for the past period, where credit has not been availed," Jain added.
But court says it cannot be applicable for levy of tax on services under CGST, MGST.