2021 (11) TMI 864 - HC - GST

Refund of GST - Section 54(11) of the Central Goods and Service Tax Act, 2017 - period of July, 2019 and August, 2019 - HELD THAT - T he petitioner states that subsequent to the filing of the present writ petition, investigation has concluded and two Show Cause Notices dated 29th July, 2021 have been adjudicated upon. The present writ petition is disposed of as having become infructuous.

Summary

Issues involved:
Petition to quash proceedings under Section 54(11) of the Central Goods and Service Tax Act, 2017 for refund claim, challenge communication regarding the proceedings and personal hearing, seek release of refund and interest payment for export months, and grant costs.

Analysis:
The petitioner filed a writ petition seeking various reliefs, including quashing the proceedings initiated under Section 54(11) of the CGST Act for the refund claim filed in July and August 2019. They also sought to quash communications related to the proceedings and requested a writ mandamus to direct the release of the refund and payment of interest on the refund amount for the mentioned period. The counsel for the petitioner informed the court that the investigation had concluded, and two Show Cause Notices dated 29th July 2021 had been adjudicated upon. Subsequently, the counsel stated that the writ petition had become infructuous due to these developments.

The court noted the statements made by the petitioner's counsel and disposed of the present writ petition as infructuous. However, the court clarified that the petitioner retained the liberty to challenge the order dated 29th September 2021 passed by the respondents in accordance with the law. The court left the rights and contentions of all parties open for further legal actions. This judgment signifies the importance of timely updates on case developments and the impact of concluded investigations on the relevancy of ongoing legal proceedings.