2024 (9) TMI 598 - HC - GST

Rejection of part refund on the ground that export proceeds were not realized despite lapse of nine months - respondent submits that due verification has been done and the contention of the petitioner has been found to be correct and the entire proceeds of the export invoices has been received and in INR have matched - HELD THAT - The Order-in-Original dated 10.06.2022 to the limited extent that it rejected the part refund of the petitioner is set aside. The Order-in-Appeal dated 16.03.2023 is also set aside. Consequently, matter is remitted to the limited extent that it had earlier rejected the part refund application for being reconsidered in accordance with law. Petition disposed off.

Summary

The High Court set aside the Order-in-Original rejecting part refund, directing reconsideration within eight weeks. The Court found the petitioner's contention valid that export proceeds were realized in full in INR. The Order-in-Appeal was also set aside, and the matter was remitted for further review. The Competent Authority was instructed to consider Section 56 of the Central Goods & Service Tax Act, 2017.