HC stays payment of IGST on ocean freight
Issue of IGST on Ocean Freight — The petitioners submitted that they should not be asked to pay GST on ocean freight. The respondent counsel submitted the copy of the order passed by the Supreme Court of India on 6th January, 2021 in Special Leave Petition (Union of India vs. M/s Mohit Minerals Pvt. Ltd.) whereby notice has been issued. The said SLP has been stated to be still pending consideration in the Supreme Court. Further, no order staying the judgment of the Gujarat High Court in the case of M/s Mohit Minerals Pvt. Ltd. vs. UOI has been granted. The counsel for the Petitioner submitted that SLPs pending the Supreme Court are now listed for hearing on 20th April, 2021.
Held that:- The Hon’ble High Court held that while the question of the Petitioner being entitled to refund will await the final decision of the Supreme Court in the aforementioned SLPs, the Opposite Parties will not require the Petitioners to pay IGST on ocean freight until further orders.