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TMI Blog2024 (6) TMI 1374X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of ten refund applications as enumerated in the appellate order are hereby quashed and set aside and the matter is remanded back to the adjudicating authority respondent No. 2 for de novo consideration of refund claims made by the petitioner in accordance with law. Petition disposed off by way of remand. - HONOURABLE MR. JUSTICE BHARGAV D. KARIA AND HONOURABLE MR. JUSTICE NIRAL R. MEHTA Appearance: For the Petitioner(s) No. 1 : Mr Sanket Gupta For Anand Nainawati (5970). For the Respondent(s) No. 1,2,3 : Mr Utkarsh R Sharma (6157). ORAL ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. By this petition under Article 227 of the Constitution of India, the petitioner has challenged the Order-in-Appeal dated 25th November, 2021 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As per the Notification No. 5/2017-CT (Rate) dated 28th June, 2017, refund of accumulated ITC due to inverted duty structure to the petitioner was restricted as it was provided that no input tax credit shall be allowed to the manufacturers of grey fabrics on account of rate of tax on inputs being higher than the rate of tax on the output supplies. 2.5 The said Notification was amended by another Notification No. 20/2018-CT(Rate) dated 26th July, 2018 and as per the amended Notification, petitioner was eligible for refund of accumulated ITC, provided the accumulated ITC for the period July, 2017 to July, 2018 would lapse. The petitioner was therefore, required to reverse such ITC from July, 2017 to July, 2018. 2.6 In order to clarify the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of hearing to the petitioner with regard to the liability of payment of interest by the petitioner to claim the refund. It was submitted that the impugned orders are, therefore, liable to be quashed and set aside only on this ground and the matter may be remanded back to the adjudicating authority to decide afresh after giving opportunity of hearing to the petitioner. 3.1 Learned advocate for the petitioner has also submitted that petitioner has paid the interest, under protest, and therefore, the respondent authority may also be directed to give refund to the petitioner after remanding the matter and thereafter the petitioner may agitate the levy of interest by the respondent authority in accordance with law. 4. On the other hand, learn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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