9911796707
TMI Blog2023 (6) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... K5 series in Form GST-RFD-05], and these orders are under Rule 92 of the Central Goods and Services Tax Rules 2017 (for short, 'CGST 2017 Rules'). These impugned orders relate to the petitioner's claim for refund for the period between April 2021 and September 2021. The petitioner has also called in question the show cause notice dated 25.04.2022 [Annexure - L] issued under Section 74 of Goods and Services Tax Act 2017 (for short, 'GST Act') read with Rule 100(2) and 142 (1)(A) of the Goods and Services Rules 2017 (for short, 'GST Rules, 2017') and the Endorsement dated 13.06.2002 [Annexure - N] issued rejecting the petitioner's request for restoring the credit of IGST in a sum of Rs.52,44,57,242/-. The petitioner, as a consequential relief ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... double benefit in contravention of Rule 96(10) of the CGST Rules 2017. 4. The fourth respondent on 30.11.2021 has issued summons as part of investigation into the petitioner's claim for refund, and during these proceedings, the petitioner, on 10.12.2021, has repaid the amount of Rs.40,31,13,682/- received as refund. Further on 24.12.2021, the petitioner has also deposited a sum of Rs.2,35,72,225/- as interest. According to the petitioner, these repayments are voluntary, and these deposits are made in terms of Section 73(5) of the Central Goods and Services Tax Act 2017. 5. The petitioner on 15.03.2022 has filed applications in FORM-GST-RFD-01 under Section 54 of CGST Act and Rule 89 of CGST Rules, 2017 for the months of April to September ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had the option of making an application for refund of unutilized ITC based on a Letter of Undertaking filed at the time of export2 or pay IGST and claim refund of such amount3. The petitioner, in exhausting the accumulated and unutilized ITC to his credit in a sum of Rs.52,44,57,242/-, has paid integrated tax and has made a request for refund by way of a deemed application which would be under Section 16(3)(b) of the IGST Act. However, in view of the provisions of Rule 96(10)(b) of the IGST Rules, the petitioner could not have had recourse to the option under Section 16(3)(b) of the IGST Act, and upon realizing the same during the course of hearing extended as part of investigation, the petitioner has repatriated the amount received as ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is petition Sub Rule 4B has been inserted into Rule 86 of CGST Rules and consequentially if there is a debit from Electric Cash Ledger, the assessee would be entitled to re-credit of the amount debited from the Electronic Cash Ledger but emphasizing that it should be re-credited to the Electronic Credit Ledger. 11. It is obvious from these submissions that because of the change in statutory provisions, the petitioner's prayer for re-credit to the Electronic Credit Ledger a sum of Rs.52,44,57,242/- could be re-considered and that there must be appropriate direction to the proper officer viz., the Deputy Commissioner of Central Tax, North - West Division, Bengaluru West Commissionerate Bengaluru in this regard. This leaves the next question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the fact that the petitioner has repatriated the amount that is credited to him along with interest and that there is a direction by this Court as part of this order to consider recrediting a sum of Rs.52,44,57,242/- to the petitioner's Electronic credit ledger. For an effective consideration, the petitioner would be eligible for personal hearing and must also be at liberty to file a detailed statement enclosing a certified copy of this order. 14. At this stage, Sri Harish V.S. submits that in view of the provisions of section 54(7) of the CGST Act, 2017 the petitioner would be entitled for interest in the event there is a refund for the period commencing from the expiry of 60 days from the date of the applications. He further submits that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and N are quashed. b) The petitioner shall be at liberty to file supplementary application/ submissions in the light of the present proceedings and this order. c) The Deputy Commissioner of Central Tax, North - West Division, Bengaluru West Commissionerate, Bengaluru is also called upon to recredit a sum of Rs.52,44,57,242/- to the petitioner's Electronic Credit Ledger as contemplated under Rule 86 (4B) of the CGST Rules,2017 subject to the decision on the petitioner's application now restored for reconsideration. d) The Deputy Commissioner of Central Taxes, North - West Division, Bengaluru West Commissionerate, Bengaluru is also called upon to consider the question of refund of the interest in a sum of Rs.2,35,72,225/- simultaneously wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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