GST liability for delay in export – HC directs petitioner to approach jurisdictional GST authority for refund/Reversal

ESL Steel Limited Vs Bharat Heavy Electricals Limited (Jharkhand High Court)

The original dispute for which the petitioner came before us was the incidence of tax liability that had fallen upon the petitioner on account of delay in making export within the specified time in terms of the notification dated 23^rd October, 2017. Petitioner had to deposit considerable amount of tax in absence of such extension of time as has been taken note of in the order dated 23^rd February, 2022. Since such extension of time has been granted now by the competent authority under CGST in terms of Rule 96A(1) (a) of CGST Rule, 2017 in respect of LUTs made under seven export invoices, the instant grievances raised before this court do not survive. It is now upto the petitioner to approach its jurisdictional GST authority for refund of the tax deposited and / or its reversal, which he may do so. Writ petition is accordingly disposed of. Needless to say, this Court is not required to make any comment on claim of the petitioner for refund and / or its reversal, which is to be decided by the concerned jurisdictional GST Authority of the petitioner.

FULL TEXT OF THE JUDGMENT/ORDER OF JHARKHAND HIGH COURT

Heard learned counsel for the parties.

2. Writ petition was preferred with the following prayers:

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