Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2024 (10) TMI 371

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... read with Paragraph 2(y) of the N/N. 12/2017-Central Tax (Rate) as well as the corresponding notifications issued under the Delhi Goods and Services Tax Act, 2017 - It is stated by the petitioner that the impugned refund rejection order dated 29.06.2022 was decided without considering the submissions of the petitioner and without granting any opportunity of personal hearing to the petitioner - Vio .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... : Mrs Amrita Prakash, CGSC with Mr Vishal Ashwani Mehta, Adv., Mr Aditya Singla, SSC for CBIC with Ms Charu Sharma, Advs., Mr Rajeev Aggarwal, ASC along with Mr Prateek Badhwar, Ms Shaguftha H. Badhwar Ms Samridhi Vats, Advs., Ms. Anushree Narain, Standing Counsel with Ms. Simran Kumari, Advs. JUDGMENT 1. The petitioner has filed the present petition impugning the Refund Rejection Orders dated 29. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... es Tax Act, 2017 (hereafter the DGST Act). 4. The petitioner had filed a refund application dated 30.04.2022 under Section 54 of the CGST Act claiming a refund of ₹18,50,61,582/- (₹14,99,12,229/- for tax and ₹3,51,49,353/- for interest) for Financial Year 2019-20 on account of tax paid for the services provided by the petitioner by way of conducting examinations including entranc .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... und can be claimed if the same is supported by assessment/provisional assessment/ appeal/ any other order but in the instant case the taxpayer has not uploaded any supporting orders but applied for refund. 6. The petitioner was called upon to furnish a reply to the SCN till 04.06.2022 and was also afforded a personal hearing by respondent no.6, however no date of such personal hearing was mentione .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... W.P.(C) No.1303/2023] and W.P.(C) No.1298/2023 was heard as the lead matter. The questions raised in the present petition are covered by the decision rendered today in W.P.(C) No.1298/2023. 10. For the reasons stated in W.P.(C) No.1298/2023, the present petition is also disposed of by setting aside the impugned orders and remanding the matter to the appropriate authority for consideration afresh i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates