Case Law Details
G S Industries Vs Commissioner Central Goods And Services (Delhi High Court)
The Hon’ble Delhi High Court in G.S. Industries v. Commissioner Central Goods and Services Tax [W.P.(C) NO. 14719 of 2022 dated March 28, 2023] held that the Order of Appellate Authority allowing refund to assessee cannot be ignored solely because Revenue decided to challenge the order allowing refund, directed the Revenue to disburse refund along with interest and clarified that Revenue is not precluded from availing any remedy and in case Revenue succeeds they would be entitled to recovery the amount disbursed.
Facts:
M/s. G.S. Industries (“the Petitioner”) is engaged in manufacturing of handpump parts, which is chargeable to GST @ 5%. The Petitioner claims that it has accumulated Input Tax Credit (“ITC”) on account of an inverted duty structure.
The Petitioner filed a refund application on July 4, 2019 claiming ITC refund of INR 23,10,333/- for the period September 2017 to March, 2018, further, the Petitioner on July 9, 2019 filed another refund application claiming ITC of INR 14,46,417/- for the period April, 2018 to March, 2019 as accumulated ITC.
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