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TMI Blog2025 (3) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... n'ble Division Bench of Gujarat High Court in M/s.Amit Cotton Industries Through Partner, Veljibhai Virjibhai Ranipa Vs Principal Commissioner of Customs [2019 (7) TMI 472 - GUJARAT HIGH COURT] had categorically held that the aforesaid circular cannot prevail over Rule 96. The Hon'ble Division Bench observed that the circular will not save the situation for the Department. This decision w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the writ petitioner paid a sum of Rs. 2,54,449/- towards Integrated Goods and Service Tax (IGST). The case of the writ petitioner is that the exports would come under what is known as zero rated supply and they are entitled to refund of the said IGST amount in terms of Sections 16 and 54 of the IGST Act read with Rule 96 of CGST Rules. When the petitioner applied for refund, it was not acted up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 26.7.2017, a manual declaration was also required to be given as the changes made on 26.7.2017 were made applicable for exports made from 1.7.2017 onwards. 2.5 By declaring drawback serial number suffixed with A or C and by making above stated declarations, the exporters consciously relinquished their IGSTIITC claims. 3. It has been noted that exporters had availed the option to take drawbac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion was followed by the Madras High Court in the decision reported in 2020 (1) TMI 90 (M/s.Precot Meridian Limited Vs The Commissioner of Customs, The Assistant Commissioner of Customs). We are also informed that several other High Courts have also taken the very same view. Since the learned single Judge granted relief to the writ petitioner only by following the existing legal position, interfere ..... X X X X Extracts X X X X X X X X Extracts X X X X
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