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TMI Blog2021 (2) TMI 141X X X X Extracts X X X X X X X X Extracts X X X X ..... IKH FOR THE PETITIONER MR DEVANG VYAS , MR DHAVAL D VYAS FOR THE RESPONDENT ORDER ( PER : HONOURABLE MR. JUSTICE J. B. PARDIWALA ) 1. By this writ application under Article226 of the Constitution of India, the writ applicants have prayed for the following reliefs: (a) That this Honorable Court be pleased to quash and set aside Notification no.26/2017Custom, dated 29.06.2017 annexed as 'A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceded by the learned standing counsel appearing for the Union of India as well as by the learned counsel appearing for the respondents nos.2 and 3 that the issue raised in this writ application is squarely covered by the judgment of this Court in the case of M/s. Prince Spintex Pvt. Ltd. Vs. Union of India; Special Civil Application No.10756 of 2018; decided on 03/02/2020. We quote the relevant op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o costs". 3. However, the controversy does not come to an end over here. After the present writ application was filed on 18th December 2020, Section 49 of the CGST came to be amended w.e.f. 01/02/2019 and new Section49A and Section49B were inserted in the said Act. By virtue of power under Section49B, Rule 88A was inserted w.e.f.29/03/2019 in the CGST Rules vide Notification No.16/2019CT, dated 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d SGST. In other words, the balance of CGST and SGST got artificially inflated as a result of the appropriation of IGST credit. 5. In such circumstances referred to above, this writ application is allowed. The respondents are directed to sanction and pay the refund of Rs. 3,37,79,196/- after first reversing the entries of utilization of the subject credit and debiting the said amount from the cre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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