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2020 (6) TMI 515 - HC - GSTRefund alongwith interest - respondents have failed to to release refund despite two orders which have attained finality - HELD THAT - List on 03rd July, 2020.
Issues:
- Refund of excess amount due to the petitioner under IGST Act and Delhi Goods and Services Act, 2017. - Violation of Section 16 of IGST Act, Sections 54 and 56 of the Central Goods and Services Tax Act, 2017. Analysis: The judgment pertains to a writ petition seeking a direction for the refund of an amount due to the petitioner, totaling &8377; 1,40,99,149/-, along with interest. The refund is claimed under the Integrated Goods and Service Tax Act, 2017, and the Delhi Goods and Services Act, 2017, in relation to exports and supplies made to SEZ units, categorized as 'zero rated supplies' under GST. The petitioner alleges that the respondents have failed to release the refund despite two final orders issued by the Commissioner (Appeals)-I, Delhi, on 23rd July, 2019. The withholding of the refund is argued to be in violation of Section 16 of the IGST Act, as well as Sections 54 and 56 of the Central Goods and Services Tax Act, 2017. The court has taken cognizance of the matter and issued notice to the respondents. The court has directed the respondents to refund the amount due to the petitioner, emphasizing the legal provisions under the IGST Act and the Central Goods and Services Tax Act, 2017. The urgency of the matter is highlighted by the listing of the petition and its subsequent hearing through video conferencing. The respondents have been given a deadline to provide instructions within ten days, and the case is scheduled for further proceedings on 03rd July, 2020. The order has been instructed to be uploaded on the website promptly, with a copy also sent to the petitioner's counsel via email. The judgment ensures that the petitioner's rights to the refund are protected in accordance with the relevant tax laws and regulations. This comprehensive analysis of the judgment showcases the legal intricacies involved in the dispute over the refund of excess amounts under the GST framework. The court's intervention seeks to uphold the statutory provisions and ensure timely and rightful refunds to the petitioner, underscoring the importance of adherence to tax laws and principles in such matters.
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