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By filing the present petition under Article 226 of the Constitution of India, what is prayed by the petitioner is to direct the respondents to grant refund of the IGST paid by the petitioner pursuant to Entry No. 10 of Notification No.10 of 2017 dated 28.06.2017 in respect of which no input tax credit is availed by the petitioner with interest.

Section 16 of the IGST Act, 2017 —– Refund —- The petitioner prayed to direct the respondents to grant refund of the amount of GST and interest thereon, which was paid by the petitioner in view of Entry No. 10 of the Notification No. 10 of 2017 dated 28.06.2017. The court placed its reliance upon the decision in Mohit Minerals Pvt. Ltd. And observed that since the impugned Notifications have already been declared as ultra vires, present petition deserves to be allowed.

Held that:- The Hon’ble High Court directed the competent authority of the respondents to verify the amount of refund and grant such refund of the amount of IGST paid by the petitioner, within eight weeks along with the statutory rate of interest.

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