Accrued Right Doctrine

This note analyses the Calcutta High Court’s decision in WPA 27066 of 2024 concerning denial of refund of accumulated ITC under an inverted duty structure. The core issue was whether subsequent clarificatory circulars could retrospectively curtail a statutory refund right under Section 54 of the CGST/WBGST Acts. The Court reaffirmed that executive instructions cannot override accrued statutory rights within the prescribed limitation period. The ruling strengthens the doctrine that limitation under a taxing statute cannot be retrospectively truncated through administrative circulars.