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2022 (4) TMI 1092 - HC - GSTRefund of IGST along with claim of duty drawback and other export entitlements of the petitioner - HELD THAT - This writ-application is disposed of with a direction to the respondent no.5 to sanction the IGST refund claim alongwith the claim of duty drawback and other export entitlements within a period of two weeks from today. Application disposed off.
Issues:
Claim for IGST refund, duty drawback, and other export entitlements not sanctioned by respondent no.5. Analysis: The writ-application under Article 226 of the Constitution of India sought relief for the petitioner's IGST refund claim, duty drawback, and other export entitlements. The grievance was that respondent no.5 failed to sanction these claims. The petitioner responded to a deficiency memo issued by the Office of the Chief Commissioner, Customs, New Delhi, rectifying system errors SB005 and SB006. The petitioner contended that there were no further deficiencies and urged the court to order the sanction of the refund claim. The court heard arguments from both sides, including the petitioner's counsel, the Assistant Solicitor General of India, and the AGP for the State respondents. The court noted that the issue raised in the writ-application was narrow, focusing on the failure of respondent no.5 to sanction the IGST refund claim, duty drawback, and other export entitlements of the petitioner. The deficiency memo highlighted system errors causing delays in processing the refund claim. The petitioner promptly rectified the errors but did not receive any further deficiency memo. The court acknowledged that the petitioner had fulfilled all requirements for the refund claim and directed respondent no.5 to sanction the IGST refund claim, duty drawback, and other export entitlements within two weeks. In conclusion, the court disposed of the writ-application, providing a clear directive to respondent no.5 to sanction the petitioner's IGST refund claim, duty drawback, and other export entitlements promptly. The judgment emphasized the importance of timely processing and approval of refund claims to ensure compliance with export regulations and entitlements.
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