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Goods and Services Tax

Denial of export benefit merely as export proceeds are received in another bank account unjustified

Case Law Details

TaxGuru Citation
2024 taxguru.in 5122
Case Name
Cable And Wireless Global India Private Limited Vs Assistant Commissioner (Delhi High Court)
Date of Judgement/Order
Only available for paid members
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Cable And Wireless Global India Private Limited Vs Assistant Commissioner (Delhi High Court)

Delhi High Court held that denial of refund of unutilized Input Tax Credit on objection of receipt of export proceeds in another bank account unjustified as export of services is neither disputed nor doubted.

Facts- The petitioner is a company incorporated in India. It is stated to be engaged in providing Business Support Services to Vodafone Group Services Limited from its Branch Office situated in Delhi. Admittedly, the petitioner holds registration certificates under the Central Goods and Services Tax Act, 2017 for both its Delhi and Bangalore establishments.

The petitioner is stated to have entered into an Inter-Company Agreement with VGSL for providing Business Support Services on 16 August 2018. Pursuant to the aforesaid, it is its case that the Delhi BO of the petitioner provided various services in discharge of its obligations flowing from that Agreement and raised invoices on VGSL and which invoices had recorded the GST number and address of the Delhi BO. The petitioner avers that in Financial Year  2019-20 various input services were utilized in the course of export of services and it was in connection with the aforesaid that it availed of ITC in the sum of INR 47,33,053/-.

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