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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 ..... mpugned order-in-original dated 29.9.2018 is hereby quashed and set aside and it is held that the petitioner is entitled to refund of the amount of ₹ 2,38,83,203/paid by it towards IGST with interest at the statutory rate - 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 Section 49A and Section 49B were inserted in the said Act. By virtue of power under Section 49B, Rule 88A was inserted w.e.f. 29/03/2019 in the CGST Rules vide Notification No.16/2019CT, dated 29/03/2019. In such circumstances, w.e.f. 01/02/2019, the ITC available on account of IGST has to be first utilized for the payment of GST o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : (a) That this Honorable Court be pleased to quash and set aside Notification no.26/2017Custom, dated 29.06.2017 annexed as 'Annexure F' to the extent amending Notification no.16/2015Customs, dated 01.04.2015, annexed as 'Annexure - B'; and (b) That this Honorable Court be pleased to quash and set aside Trade Notice 11/2018, dated 30.06.2017 issued by the Respondent No.2, annexed as 'Annexure - G', to the extent it is stated therein under Chapter 5 that importers would need to pay IGST; and (c) That this Honorable Court be pleased to grant refund of ₹ 3,37,79,196/- and interest at the rate of 24% thereon; and (d)Ex parte ad-interim relief in term of Prayer 9(c) be granted; and (e) F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resent 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 29/03/2019. In such circumstances, w.e.f. 01/02/2019, the ITC available on account of IGST has to be first utilized for the payment of GST or CGST or SGST. This provision was amended w.e.f. 01/02/2019, but the GST portal started functioning as per the amended provisions w.e.f. 01/06/2019. Therefore, w.e.f. 01/06/2019, the accumulated ITC of IGST of ₹ 3,37,79,196/- (Additional Customs duty paid by the writ applicants, EPCG hold ..... X X X X Extracts X X X X X X X X Extracts X X X X
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