SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Guj) 1127

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SONIA GOKANI, NISHA M. THAKORE, JJ.
M/S VIMLA FOOD PRODUCTS - Appellant
Versus
UNION OF INDIA - Respondent
SPECIAL CIVIL APPLICATION NO. 16028 of 2020
Decided On : 22-12-2021

Advocates Appeared:
For The Appellant : MR D K TRIVEDI
For The Respondent: PRIYANK P LODHA

Headnote:

Constitution of India,1950 - Article 226 - IGST Act - Sections 16 and 16(3)(b) - Central Goods and Service Tax Act, 2017 - Sections 54, sub-section (10) or sub-section (11) of section 54 and 56 - Customs Act, 1962 - Section 149 - Separate Challan acknowledging receipt of differential amount - Organic Soya Bean Feed Grade - Petitioners are engaged in trading and export of Organic Soya Bean Feed Grade and they hold valid GST Registration - Case of petitioners that they had exported goods under various invoices for which they had paid IGST of an amount - Petitioners have referred to and relied upon form GSTR-1 and GSTR-3B - Petitioner’s Company had claimed drawback at higher rate by punching option instead of claiming drawback at lower rate by punching option “1201B - Claimed due drawback by punching option instead of claiming same by punching option claimed by petitioner that due drawback towards all six shipping bills was for an amount - Deposited by the Customs Department for which separate Challan acknowledging receipt of differential amount has been issued by respondents - Shipping bills was paid by the petitioner at relevant stage. However, it is being a case petitioner had raised claim for refund of aforesaid IGST amount - Held, Court is rendered in favour of assessee holding assessee entitled to refund of IGST. Despite the aforesaid decision of this Court in case of Cotton Industries for reasons best known to adjudicating authority, the adjudicating authority has failed to abide by aforesaid decision and has chosen not to take decision with regard to refund - adjudicating authority in ignoring binding decisions orders passed by the higher Appellate Authorities/Courts - Court in clear and unequivocal message rendered by pronouncement of the decision of Hon’ble Supreme Court as well as this Court has cautioned State Authorities to abide by decision of the higher Appellate Authorities / Courts - Petition succeeds.

ORDER :

NISHA M. THAKORE, J.

1. The petitioners have invoked extra ordinary writ jurisdiction under Article 226 of the Constitution of India and have essentially prayed for following reliefs:

    “10.

(A) Your Lordships may be pleased to admit this petition.

(B) Your Lordships may be pleased to allow this petition.

(C) Your Lordships may be pleased to issue writ of mandamus or any other appropriate writ directing the respondent authorities to immediately sanction the refund of IGST aggregating to Rs.12,00,800/- paid in regard to the goods (Organic Soya Bean Feed Grade) exported i.e. ‘Zero Rated Supplies’ made vide aforesaid bills as tabulated in para 5.5 of this petition.

(D) Your Lordships may be pleased to direct the respondent authorities to pay interest @ 18% to the petitioner herein on the amount of refund of IGST mentioned hereinabove from the date of shipping bill mentioned in para 5.5 of this petition up till the date on which the amount of refund is paid to the petitioner herein, as the same is arbitrarily and illegally withheld by the respondent authorities.

(E) Your Lordships may be pleased to grant an ex parte ad interim order in favour of the petitioner herein in terms of prayers clause “C” and “D” hereinabove.”

2. The principal grievance raised by the petitioners is the inaction of the respondent Authorities regarding refund of IGST towards three Shipping Bills dated 28.07.2017, 02.08.2017 and 07.08.2017.

3. The petitioners are engaged in trading and export of Organic Soya Bean Feed Grade and they hold valid GST Registration No.23ADCPA0509R1ZU. It is the case of the petitioners that they had exported goods (Organic Soya Bean Feed Grade) under various invoices for which they had paid IGST of an amount of Rs.12,00,800/-. The petitioners have referred to and relied upon form GSTR-1 and GSTR-3B, which they claimed to have filed within prescribed time. It is the case of the petitioners that inadvertently, the petitioner’s Company had claimed drawback at higher rate by punching option “1201A” instead of claiming drawback at lower rate by punching option “1201B”, while generating shipping bills. It is mainly contended that by mistake, it had claimed due drawback @ 1% (higher rate) by punching option “1201A” instead of claiming the same at 0.15% only (lower rate) by punching option “1201B”. It is further claimed by the petitioner that due drawback @ 1% towards all six shipping bills was for an amount of Rs.4,36,748/-. The differential drawback @ 0.85% towards all six shipping bills was around Rs.3,71,236/-. In such circumstances, the drawback at lower rate (0.15%) of Rs.65,512/- was retained in respect of aforesaid six shipping bills and rest of the differential drawback amount was returned back by Demand Draft No.049160 dated 28.8.2019 which was deposited by the Customs Department for which separate Challan acknowledging the receipt of differential amount has been issued by the respondents. The petitioners further claimed that IGST aggregating to an amount of Rs.12,00,800/- against three shipping bills was paid by the petitioner at the relevant stage. However, it is being a case of “Zero Rated Supplies”, the petitioner had raised claim for refund of aforesaid IGST amount. It is further prayed by the petitioner that statutory returns in the form of GSTR-1 and GSTR-3B were submitted in the month of July-August itself and therefore, having complied with the mandatory provisions prescribed under the relevant laws, the petitioner had raised claim for refund of IGST. The petitioner has further referred to the letter F.No.VIII/48-865/EXP/AMD/MP&SEZ/17-18 dated 22.09.2017 issued by the Superintendent of Customs (Export), Custom House, Mundra, whereby the respondent Authority has sanctioned the amendment in the shipping bills including the three shipping bills in question. In light of aforesaid fact, the petitioner Company had pursued its

              Click Here to Read the rest of this document
              1
              2
              3
              4
              5
              6
              7
              8
              9
              10
              11
              SupremeToday Portrait Ad
              supreme today icon
              logo-black

              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

              Please visit our Training & Support
              Center or Contact Us for assistance

              qr

              Scan Me!

              India’s Legal research and Law Firm App, Download now!

              For Daily Legal Updates, Join us on :

              whatsapp-icon Back to top