Transformative Learning Solutions Pvt Ltd Vs Commissioner Central Goods And Service Tax Delhi East & Anr. (Delhi High Court)
ITC refund cannot be denied just beacuse BRC copies are not matching with Export details: Delhi High Court
In recent case of TRANSFORMATIVE LEARNING SOLUTIONS PVT LTD vs COMMISSIONER CENTRAL GOODS AND SERVICE TAX DELHI EAST & ANR. Delhi high court held that, so long as full proceeds for export has been realized, refund of ITC cannot be denied.
Petitioner is engaged in the business of export of Ayurvedic cosmetic goods. An audit of the Petitioner was conducted by the CGST Department for the period 2017-18 to 2021-22, on the basis of the documents submitted by the Petitioner. In the course of the said audit, certain objections were raised by the CGST Department including availing of ITC, which were communicated to the Petitioner. One of the objections against which majority of the demand has been raised is that the Petitioner has failed to submit proof of foreign remittance viz. BRC (for foreign exchange realization) or FIRC (for foreign exchange realization) or any other document issued from the bank regarding the foreign remittances. After Due DRC 01A, the CGST Department was issued to the Petitioner the informing the tax, interest and penalty payable by it. A reply was filed by the Petitioner along with relevant documets, which was found to be untenable by the CGST Department.
