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YASHWANT VARMA, DHARMESH SHARMA
Elite International, Through Its Proprietor Sh. Rohan Arora – Appellant
Versus
Commissioner Of CGST Delhi North – Respondent
JUDGMENT :
(Yashwant Varma, J.)
1. The instant writ petition has been preferred assailing the order dated 23 November 2022 which has rejected the application of the petitioner for refund and which 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:-
| S.No | Invoice No. | Date | Amount (in USD) | Amount (in INR) |
| 1. | E-129-EX | 28.07.2021 | 1,38,127 |
|
| 2. | E-130-EX | 17.01.2022 | 27,228 |
|
| 3. | E-131-EX | 01.02.2022 |
| 25,42,510 |
For Export Invoice E-129-EX
The realization of export proceeds in INR through a convertible Vostro account does not negate eligibility for a refund under the CGST Act.
Refund of IGST on zero-rated supplies is permissible even when a higher drawback is claimed, provided the exporter meets statutory conditions.
Petitioners entitled to refund of unutilized input tax credit as exporters, while Circular No. 172/04/2022 restricting such claims based on deemed exports deemed inapplicable.
The court emphasized that in case of voluminous transactions of export of services to customers located outside India, transaction-wise FIRC is not feasible and a consolidated FIRC issued by the Bank....
The eligibility of a merged entity for ITC refund is recognized under GST, allowing inclusion of export proceeds from previous tax regimes.
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