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TMI Blog2024 (12) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... h subsequently came to be affirmed by the appellate authority in terms of its order dated 25 October 2023. The petitioner, consequently, seeks a refund of an amount of INR 16,10,541/- along with applicable statutory interest. 2. From the facts which stand disclosed in the writ petition, we find that the writ petitioner had during the year in consideration, effected three exports under Invoice Nos. E-129-EX, E-130-EX and E-131-EX. The date of realisation of export proceeds stand duly disclosed in paragraph 6 of the writ petition and which is reproduced hereinbelow:- "6. That during the year under consideration the Petitioner had conducted three transactions of export as per details hereunder: S.No Invoice No. Date Amount (in USD) Amou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondents proceeded to pass the impugned order rejecting its application for refund. 5. Aggrieved by the aforesaid, the petitioner approached the appellate authority which has chosen to affirm the order of 23 November 2022. As we view the order dated 25 October 2023 passed by the appellate authority, we find that before it all documentation including the eBRCs [Electronic Bank Realization Certificate] which were absent at the first stage of adjudication had been duly filed and submitted. The appellate authority, however, took the position that since a perusal of the eBRCs would evidence the export value having been realised in Indian Rupees as opposed to freely convertible currency, the application for refund was correctly rejected. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icating authority has rightly rejected the appellant's refund claim. The impugned order, rejecting the appellant's said refund claim is legal and maintainable in law and therefore, I do not find any reason to interfere with the said impugned order. Accordingly, I pass the following order: ORDER 9. The appeal filed by M/s Elite International (Legal Name: Rohan Arora), 1060, Gali No. 15, Naiwala, Karol Bagh, North Delhi, Delhi 110005 against Order-In-Original No. ZL0711220251069 dated 23.11.2022 is hereby rejected and disposed of in terms of Section 107(12) of the CGST Act, 2017." 7. Assailing the view so taken, learned counsel for the writ petitioner drew our attention to Circular No. 88/07/2019-GST[F.NO. CBEC-20/16/04/2018-GST], dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of whether the payments are made in Indian currency or convertible foreign exchange as long as they are in accordance with the applicable RBI guidelines. It may also be noted that the supply of services to SEZ developer or SEZ unit under LUT will also be permissible on the same lines. The supply of services, however, to Nepal or Bhutan will be deemed to be export of services only if the payment for such services is received by the supplier in convertible foreign exchange. 3.2 Amended Para 2(k) Realization of export proceeds in Indian Rupee: Attention is invited to para A (v) Part-I of RBI Master Circular No. 14/2015-16 dated 01st July, 2015 (updated as on 05th November, 2015), which states that "there is no restriction on invoicing of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Asian Clearing Union or Nepal and Bhutan, the refund would not be liable to be denied. 9. Before us, the respondents would contend that the aforesaid Circular alludes to "specific exports" and therefore, it is presently unclear as to whether the same would apply to all exports or to certain commodities and species of exports. It was thus submitted that since the Circular is being pressed in aid for the first time before this Court, at least this aspect should be kept open for verification and examination of the respondents. 10. While acceding to that request, we are of the firm opinion that at least the original order in term of which the refund application came to be rejected dated 23 November 2022 as well as the order of the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X
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