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Delhi HC Sets Aside GST Appeal Order Due to System Glitch Hearing Notice

Case Law Details

TaxGuru Citation
2025 taxguru.in 8966
Case Name
A. L. Exports Vs Union of India And Ors & Ors. (Delhi High Court)
Appeal Number
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A. L. Exports Vs Union of India And Ors & Ors. (Delhi High Court)

The Delhi High Court, in the case of A. L. Exports vs. Union of India and Ors., addressed a petition challenging an Order-in-Appeal dated June 30, 2025, which rejected the petitioner’s refund claim under the Goods and Services Tax (GST) framework. The core of the petitioner’s challenge was a serious procedural lapse and a breach of the principles of natural justice, particularly concerning the opportunity for a personal hearing.

Factual Background

The petitioner, A. L. Exports, had initially filed a refund claim of ₹36,61,166 for Input Tax Credit (ITC) on exports of goods and services made without paying integrated tax. This refund claim was first rejected by the Assistant Commissioner via an Order-in-Original dated January 24, 2025, on the grounds that essential documentary evidence, including E-way bills, shipping bills, and Bank Realisation Certificates (BRCs), were not submitted.

The petitioner subsequently filed an appeal against the Order-in-Original. During the appellate process, the Appellate Authority (Joint Commissioner, CGST Appeals-II, Delhi) issued multiple notices for personal hearings on dates like February 17, 2025, March 5, 2025, and March 17, 2025. These were reportedly sent via speed-post, although the petitioner’s attendance was apparently absent.

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Author Info

CA Sandeep Kanoi
Qualification: Graduate, CA in Job / Business, DD
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 24,183

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