Kishan Lal Kuria Mal International Vs Union of India (Delhi High Court)
The Hon’ble Delhi High Court in M/S Kishan Lal Kuria Mal v. Union of India & ors. [W.P. (C) 10822/2022 dated October 06, 2022] allowed the present writ petition and directed the assessing authority to grant refund of Integrated Goods and Services Tax (“IGST”) paid on the goods exported by the assessee during the transitional period (July- September, 2017), after deducting the differential amount of duty drawback, if the said differential amount has not already been returned by the assessee. Also, the Court directed the assessing authority to complete the refund process within twelve weeks along with appropriate interest at the rate of 7% per annum on such refund from the date of the shipping bill till the date of actual refund.
Facts:
M/S Kishan Lal Kuria Mal (“the Petitioner”) filed the present writ petition contending that Circular No. 37/2018 (customs) dated October 09, 2018, is ultra vires Section 16 of the Integrated Goods and Services Tax Act, 2017 (“the IGST Act”) read with Section 54 of Central Goods and Services Tax Act, 2017 (“the CGST Act”) as well as Rule 96 of Central Goods and Services Tax Rules, 2017 (“the CGST Rules”) and violative of Articles 14, 19 and 21 of the Constitution of India.
Further, the Petitioner also contended to issue direction to the assessing authority (“the Respondent”) to grant refund of IGST paid on goods exported by the Petitioners during the Transitional Period (July- September, 2017) after deducting the differential amount of duty drawback, along with appropriate interest on such refund from the date of the shipping bill till the date of actual refund.
Furthermore, the Petitioner was of the view that even though drawback rates prescribed in respect of goods exported by the Petitioners were higher in column A (1%) than the rates prescribed in column B (0.15%), yet the rate at which IGST (18%) was paid on the goods exported was even much higher than the said rate in column A. Petitioners did not have any benefit in claiming drawback under Column A at the cost of forgoing their IGST refund and the drawback was claimed under Column A because of the confusion and lack of technical knowledge prevalent during the transitional phase about working of the new indirect tax laws.
Issue:
Whether or not refund of IGST on exported goods will be allowed in the present petition after deduction of the drawback duty?
Held:
The Hon’ble Delhi High Court in W.P. (C) 10822/2022 dated October 06, 2022 held as under:
