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2021 (11) TMI 386 - HC - GSTSeeking grant of Refund of accumulated Input Tax Credit - HELD THAT - Issue notice. Mr.Dhruv Bhattarchaya, accepts notice on behalf of the respondents. He prays for and is permitted to file counter affidavit within four weeks. Rejoinder affidavit, if any, be filed before the next date of hearing. List on 18 th April, 2022.
Issues:
Challenge to rejection of refund claim of accumulated unutilized Input Tax Credit under GST Act. Analysis: The petitioner filed a writ petition challenging the rejection of the refund claim of accumulated unutilized Input Tax Credit. The petitioner sought directions to allow the refund and grant provisional refund. The crux of the issue lies in the interpretation of sections 54(1) and 54(3) of the GST Act. The petitioner's counsel argued that the two-year time period under section 54(1) for refund application does not apply in this case as the application falls under section 54(3) which specifically covers unutilized Input Tax Credit from zero-rated supplies made without tax payment. The discrepancy in calculating the two-year period from the date of shipping of goods instead of the end of the financial year, as per the unamended explanation 2(e) of section 54, was also highlighted. The High Court issued notice to the respondents, and the counsel for respondents accepted the notice. The respondents were granted four weeks to file a counter affidavit. The court scheduled the next hearing for April 18, 2022. The order was to be uploaded on the website immediately, and a copy was to be sent to the petitioner's counsel via email. The court's decision to issue notice indicates a willingness to delve deeper into the matter and consider both parties' arguments before reaching a decision. The timeline set for filing affidavits and the next hearing date suggest a structured approach to resolving the issue and ensuring a fair opportunity for both sides to present their case. In conclusion, the judgment reflects a detailed examination of the legal provisions related to refund claims of Input Tax Credit under the GST Act. The court's decision to issue notice and allow the respondents to present their case indicates a fair and impartial approach to resolving the dispute. The interpretation of statutory provisions and the calculation of time periods are crucial aspects of the case, and the court's attention to these details signifies a thorough analysis of the legal issues involved.
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