2020 (7) TMI 105 - HC - GST

Credit of CGST sanctioned previously - final refund of balance amount - HELD THAT - They pray for and are permitted to obtain instructions on or before the next date of hearing. List the matter on 10th July, 2020.

Summary

Issues:
1. Delay in crediting Central Goods and Service Tax component previously sanctioned.
2. Direction for final refund order for the balance amount.
3. Alleged contravention of Sections 54(6) & 54(7) of the CGST Act, CGST Rules, and circulars.

Analysis:
The High Court of Delhi heard a writ petition seeking immediate crediting of the Central Goods and Service Tax component previously sanctioned, amounting to ?1,58,38,024, along with interest. The petitioner also requested a direction for the final refund order for the remaining ten per cent amount of ?35,19,560 (CGST- ?17,59,780 + SGST- ?17,59,780) with interest from 1st October, 2019. The petitioner's counsel argued that the respondents' inaction was in violation of Sections 54(6) & 54(7) of the Central Goods and Services Tax Act, CGST Rules, and related circulars.

The Court issued notice to the respondents, and the respective counsels representing the respondents accepted the notice on behalf of their clients. The counsels were granted permission to obtain instructions before the next hearing scheduled for 10th July 2020. The Court directed the order to be uploaded on the website immediately and also forwarded a copy of the order to the counsels via email.

This judgment addresses the delay in crediting the sanctioned CGST component, the request for a final refund order for the balance amount, and the alleged contravention of specific provisions of the CGST Act and related rules and circulars. The Court's direction for notice to the respondents and scheduling the matter for the next hearing ensures a timely resolution of the issues raised in the petition.