Portescap India Pvt. Ltd. Vs Union of India and ors. (Bombay High Court)
High court lambasts the Revenue and directs the Ld. Commissioner of GST to take action against erring officers and recover the money from them, apart from initiating departmental enquiry. Directs such compliance affidavit to be filed
We share the recent order passed by the Hon’ble Bombay High Court. The petitioner is a subsidiary of a foreign company. It has exports. It applied for refund of taxes in 2014. The applications for refund, despite reminders and follow up, were not processed. Hence, writ petition came to be filed.
The Hon’ble Bombay High Court allows the petition and directs that the applications be processed in four weeks along with interest thereon from the date of the application. The department contended that the application papers were lost and hence, it could not be processed. The Hon’ble High court lambasts the Revenue and directs the Ld. Commissioner of GST to take action against erring officers and recover the money from them, apart from initiating departmental enquiry. Directs such compliance affidavit to be filed. Holds that the officers are trustees and if taxpayers are harassed and public exchequer is drained, such officers must be held accountable and the refund should be recovered from them.
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