2024 (5) TMI 309 - HC - GST

Refund claim of encashed amount by the revenue - Direction to withdraw recovery proceedings by issuing a demand draft equivalent to the Bank Guarantee - circular dated 18.03.2020 - HELD THAT - It is deemed just and appropriate to dispose of this petition by directing the respondent to refund the aforesaid amount of Rs.11,21,840/- encashed by the respondent on 01.02.2024 within a period of one month from today. It is further directed that immediately upon the respondent refunding the aforesaid amount back to the petitioner, petitioner would furnish a fresh bank guarantee within a period of one week thereafter which would be valid for a period of one year. Petition disposed off.

Summary

Issues involved: Writ of mandamus for withdrawal of recovery proceedings, writ of certiorari to set aside impugned order, refund of amount, constitution of GSTAT for appeal, circular dated 18.03.2020 on appeal process.

The petitioner sought a writ of mandamus to direct the Respondent to withdraw recovery proceedings by issuing a demand draft equivalent to the Bank Guarantee amount. Additionally, a writ of certiorari was requested to set aside the impugned order dated 16.09.2023. The petitioner also sought various other reliefs, including the refund of a specific amount and the option to challenge the impugned order through a statutory appeal once the GSTAT is constituted.

The learned counsel for the petitioner argued that due to the non-constitution of the GSTAT, the petitioner was unable to appeal the impugned order. The counsel requested the court to allow the appeal once the GSTAT is established. The respondent, represented by learned AGA, agreed to refund the specified amount to the petitioner upon the condition of furnishing a bank guarantee within a week from the refund date.

The Circular dated 18.03.2020 provided guidelines on the appeal process in the absence of the appellate tribunal. It clarified the procedures for making appeals under the Central Goods and Services Tax Act, emphasizing the role of the Appellate Authority and the Appellate Tribunal in the appeal process.

The court, considering the circumstances, directed the respondent to refund the specified amount encashed earlier within a month. It further instructed the petitioner to provide a fresh bank guarantee within a week of the refund, valid for a year. The petitioner was granted liberty to file a statutory appeal challenging the impugned order once the GSTAT is constituted, following the extended period of limitation as per the circular dated 18.03.2020. The petition was disposed of accordingly.