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2023 Supreme(Bom) 586

G. S. KULKARNI, JITENDRA JAIN
Sunlight Cable Industries – Appellant
Versus
Commissioner of Customs, NS II – Respondent


Advocates Appeared:
For the Petitioner: Mr. Prathamesh Gargate, a/w. Mr. Bharat Raichandani, i/b. UBR Legal.
For the Respondents: Mr. Jitendra B. Mishra, a/w. Ms. Sangeeta Yadav.

JUDGMENT :

(G.S. Kulkarni, J.) :

1. Rule. Rule made returnable forthwith. Respondents waive service. By consent of the parties heard finally.

2. This petition under Article 226 of the Constitution of India primarily prays for a relief that the Petitioner be granted a refund of IGST paid in relation to the exports undertaken by it of goods which are described to be insulated cables to a party based in Myanmar, namely, M/s. Khin Maung Tum & Brothers Co. Ltd.

3. The Petitioner has contended that such claim of the Petitioner, which is for an amount of Rs. 21,41,451/-, has been denied by Respondent No.2, which was legitimately due to the Petitioner, being a zero rated supply in terms of Section 16(3) of the Integrated Goods and Services Tax Act, 2017 (“IGST Act”) read with Section 54 of the Central Goods and Services Tax Act, 2017 (“CGST Act) and Rule 96 of the Central Goods and Services Tax Rules, 2017 (“CGST Rules”).

4. The Petitioner has contended that on 19th December 2017, the Petitioner had filed a GST Return in Form No.GSTR-1 for the month of August 2017, inadvertently mentioning an incorrect Invoice No. and Port Code in respect of export transaction made vide Tax Invoice No. SUN/

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