2020 (11) TMI 529 - HC - GST

Permission for withdrawal of petition - Release of refund of Input Tax Credit - export for the months of July and August, 2019 - petitioner states that procured goods had been exported under Section 16 of Integrated Goods and Services Tax Act, 2017 as zero rated supply without payment of IGST against LUT for the months of July and August 2019 - HELD THAT - The learned counsel for petitioner wishes to withdraw the present writ petition with liberty to also challenge the two letters informing and fixing the date for opportunity of personal hearing. The present writ petition stands disposed of.

Summary

Issues:
1. Direction to release refund for export under IGST Act for July and August 2019.
2. Compliance with Sections 54 and 56 of CGST Act, 2017 and Rules 90 and 91 of CGST Rules, 2017.
3. Fraudulent availment/passing of ITC against the petitioner leading to refund hold.
4. Opportunity of personal hearing under Section 54(11) of CGST Act, 2017.

Analysis:
1. The petitioner sought a direction for the release of refunds related to exports made under the IGST Act for July and August 2019. The petitioner claimed entitlement to the refund of input tax credit paid as GST on the exported goods. The Assistant Commissioner acknowledged the receipt of necessary information for the July 2019 refund application after discrepancies were rectified. However, issues arose with the August 2019 refund application not reflecting on the portal, prompting a re-application.

2. The petitioner's counsel argued that Sections 54 and 56 of the CGST Act, 2017, along with Rules 90 and 91 of the CGST Rules, 2017, establish a comprehensive framework for acknowledging, scrutinizing, and granting refunds within defined timelines. Citing precedent in Jian International Vs. Commissioner of Delhi Goods and Services Tax, the counsel emphasized the need for adherence to the statutory provisions governing refunds.

3. The respondents presented a letter indicating that a case had been initiated by the Directorate General of Goods and Services Tax Intelligence (DGGI) for fraudulent utilization of Input Tax Credit (ITC) by the petitioner. Consequently, the refund process for the petitioner was put on hold pending investigation into the alleged fraudulent activities. The letter highlighted that the case was still under investigation, with approval from the Principal Commissioner.

4. Subsequently, the Assistant Commissioner addressed a letter to the petitioner, scheduling a personal hearing under Section 54(11) of the CGST Act, 2017, before the Principal Commissioner of CGST Delhi South Commissionerate. This hearing was set to take place on a specified date to discuss the refund claims filed by the petitioner for July and August 2019. In light of these developments, the petitioner expressed a desire to withdraw the writ petition with the liberty to challenge the letters dated 10th November 2020.

In conclusion, the writ petition was disposed of with the petitioner granted liberty to contest the aforementioned letters, marking the resolution of the refund dispute in the context of the alleged fraudulent ITC utilization and the subsequent regulatory actions taken by the authorities.