Matter is related to refund on account of export will be list on next hearing day.
Section 16 of the IGST Act, 2017 — Refund-- The petitioner submitted that IGST refund for 13 shipping bills has not been remitted, as yet. The Court in earlier decision directed that the verification process be completed before the next date of hearing. The respondent counsel submitted that the department has to complete the verification vis-a-vis three suppliers who fall under its jurisdiction. The petitioner counsel submitted that enquiry has been going on since 10.02.2020 with no end in sight. According to the respondents, there was only one “risky supplier” in picture, therefore, the respondents are delaying the grant of refund to the petitioner by increasing the scope of the enquiry, without basis. Since it is a zero-rated supply, the respondents, if nothing else, can release, provisionally, 90% of the total amount claimed by the petitioner excluding the amount of ITC. The court asked the petitioner counsel as to whether the petitioner is in a position to furnish a solvent security against the release of 90% of IGST claimed by the petitioner by way of refund. The petitioner counsel submitted an unencumbered immovable property, valuing approximately Rs. 70 lakhs. The amount of refund involved in this case is Rs. 59,91,865/-. In addition, thereto, the petitioner also sought release of duty draw back amounting to Rs. 4,10,616/-.
Held that:-The Hon’ble High Court directed the petitioner to furnish a self attested photocopy of the title deed to the respondent counsel within two days and listed the matter on 4.06.2021.