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TMI Blog2022 (5) TMI 1138X X X X Extracts X X X X X X X X Extracts X X X X ..... Interest on Delayed Refund - HELD THAT:- Once the petitioner had taken steps to move the Court and notice was issued in the writ petition, the respondents were, in a sense, forewarned that statutory interest would kick-in - notice in this petition was issued on 01.10.2021, when the revenue was represented by counsel. In the given facts, in the very least, interest should accrue to the petitioner at the statutory rate i.e., 6% (simple) from 01.10.2021 - Petition allowed. - W.P.(C) 11226/2021 - - - Dated:- 18-5-2022 - HON'BLE MR. JUSTICE RAJIV SHAKDHER AND HON'BLE MS. JUSTICE TARA VITASTA GANJU Petitioner Through: Mr. Prakash Shah, Mr. Mhir D. Mehta, Mr. Prashant Srivastava and Mr. Deepak Mahajan, Advs. Respondents T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppears that the petitioner, albeit, inadvertently, in the shipping bills filed qua the subject goods, mentioned the wrong sub-serial number i.e., 8455A, instead of 8455B. Furthermore, since the petitioner appended suffix A to serial number 8455 the following declarations got triggered. DBK001- I declare that no input tax credit of the Central Goods and Services Tax or of the Integrated Goods and Services Tax has been availed for any of the inputs or input services used in the manufacture of the export goods. DBK002- I declare that no refund of Integrated Goods and Services Tax paid on export goods shall be claimed. DBK003- I declare that CENVAT credit on the inputs or input services used in the manufacture of the export goods ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods and Services Act, 2017 read with Section 16 of the IGST Act, would clearly establish that the shipping bill would work as a refund application. 5.2. Besides this, Mr. Shah also seeks to place reliance on Rule 96(1) of the CGST Rules which, inter alia, is indicative of the fact that the shipping bill filed by the exporter would be deemed as an application for seeking refund of IGST on goods exported out of India. 5.3. Furthermore, Mr. Shah relies upon provisions of Section 56 of the CGST Act to contend that if refund was not approved within the stipulated period i.e., 60 days, then the petitioner would be entitled to statutory interest at the rate of 6% commencing from the date of receipt of application up until the date of payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uj 2717. (v) Shyam Textile Through Proprietor Rakesh Ram Swaroop v. Principal Commissioner of Customs. dated 05.04.2021, passed by the Gujarat High Court in SCA No.13448/2020. 8.2. Insofar as the last judgment is concerned i.e., Shyam Textile, evidently, a special leave petition was filed i.e., SLP(C.) No. 19911/2021, which was, dismissed by the Supreme Court on 03.01.2022. 9. Having regard to the ratio of the aforementioned judgments, we tend to agree with Mr. Shah that a separate application for refund was not required to be filed. 9.1. The shipping bills would operate as a refund application as envisaged under Section 54 of the CGST Act read with Section 16 of the IGST Act, as also Rule 96(1) of the CGST Rules. 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... steps to move the Court and notice was issued in the writ petition, the respondents were, in a sense, forewarned that statutory interest would kick-in. 11.1. To be noted, notice in this petition was issued on 01.10.2021, when the revenue was represented by counsel. 11.2. Therefore, in our view, in the given facts, in the very least, interest should accrue to the petitioner at the statutory rate i.e., 6% (simple) from 01.10.2021. 12. Before we conclude, we may indicate that Mr. Shah has clearly stated that the petitioner is not pressing that part of prayer clause (i) whereby a direction is sought to declare the circular dated 09.10.2018 as ultra vires the CGST Act. 13. In these circumstances, we allow the writ petition to afores ..... X X X X Extracts X X X X X X X X Extracts X X X X
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