Rajiv Sharma HUF Proprietor of M/S Sagar Scooter Syndicate Through Its Karta Rajiv Sharma Vs Union of India And Ors (Delhi High Court)
Delhi High Court directed petitioner to satisfactorily prove that payment was duly made for inward supplies in respect of which it had claimed refund of accumulated Input Tax Credit (ITC).
Facts-
The petitioner, a Hindu Undivided Family, is engaged in the business of trading and export of automotive spare parts, automobile components and other allied products in the name and style of its proprietorship concern, ‘M/s Sagar Scooter Syndicate’.
The petitioner made an application dated 23.08.2022 seeking refund of the accumulated Input Tax Credit for the period of November, 2021 for an amount of ₹12,82,643/-. The petitioner claimed that it had exported the goods without payment of tax and was entitled to refund of the accumulated ITC in respect of the zero-rated supply u/s. 16 of the Integrated Goods and Services Tax Act, 2017.
The Adjudicating Authority issued a Show Cause Notice proposing to reject the petitioner’s application for refund. Authority rejected the petitioner’s application for refund on the ground that the petitioner had failed to provide Bank Realization Certificates, and the bank statements and the ledger accounts of the suppliers were found to be incomplete.
