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2023 Supreme(Del) 3060

VIBHU BAKHRU, AMIT MAHAJAN
Shivbhola Filaments Private Limited – Appellant
Versus
Assistant Commissioner CGST – Respondent


Advocates appeared:
Mr. Yuvraj Singh, Ms. Hemlata Rawat & Mr. Chetan Kumar Shukla, Advocates, for the Petitioner.
Mr. Atul Tripathi & Mr. V.K. Attri, Advocates, for the Respondent.

JUDGMENT

Vibhu Bakhru, J.

1. Issue notice.

2. The learned counsel for the respondents accepts notice.

3. The petitioner has filed the present petition, inter alia, impugning an Order-in-Appeal dated 18.11.2021 whereby, the appeals preferred by the petitioner (eight in number) against the eight separate orders, all dated 31.12.2020, passed by the Adjudicating Authority, were rejected.

4. The petitioner is engaged in the manufacturing of Polypropylene Yarn and Polypropylene narrow woven fabric, which is chargeable to Goods and Services Tax (GST) at the rate of 12% and 5% respectively.

5. The petitioner claims that raw materials used for manufacturing of the product (Granules, Master Batch, Spin Finish Oil) are chargeable to GST at the rate of 18%. The petitioner, thus, claims that due to the inverted tax structure, it is unable to avail the entire credit of input tax paid by it on inputs in discharge of its tax liability on output.

6. In the aforesaid circumstances, the petitioner had filed refund applications dated 23.10.2020 for various tax periods from August, 2018 to March, 2019. The petitioner received "Notice of Rejection of Application for Refund" dated 18.12.2020 (hereaf

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