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TMI Blog2024 (4) TMI 853X X X X Extracts X X X X X X X X Extracts X X X X ..... tice Senthilkumar Ramamoorthy For the Petitioner : Mr.Raghavan Ramabadran for M/s.Lakshmi Kumaran and Sridharan Attorneys For the Respondents : Mr.Ramesh Kutty, Senior Standing Counsel, ORDER An order in original dated 15.12.2023 is challenged in this writ petition. Pursuant to show cause notice dated 08.08.2023, the petitioner replied on 26.10.2023. The order impugned herein was issued therea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as to why such contention was rejected. The second aspect dealt with by him pertains to non payment of GST on turnover from export of services. As regards this issue, he pointed out that the export invoice of the petitioner was raised in US dollars. He also pointed out that the credit advice shows that the amount was remitted by the recipient of services in US dollars from the Indian Overseas Bank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to Rule 28 is contingent on findings that the petitioner is eligible for full ITC. Since factual determinations are necessary in this regard, he contends that the petitioner should approach the appellate authority. With regard to the non payment of GST on turnover from export of services, learned senior standing counsel contends that the services should be paid for through an authorised dealer. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... export invoices and the credit advice appear to indicate prima facie that the invoice was raised in US dollars; payment was also remitted into India in foreign currency; and thereafter converted into INR. This observation is, however, tentative and not intended to be binding on the respondents. As regards the third issue, the petitioner has pointed out that no revenue loss was caused by adopting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide and the matter is remanded for reconsideration subject to the condition that the petitioner remits a sum of Rs. 20,00,000/- (Rupees Twenty lakhs only) as agreed to within a maximum period of four weeks from the date of receipt of a copy of this order. Upon being satisfied that the above mentioned amount was received, the 1st respondent is directed to provide a reasonable opportunity to the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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