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Case Law Details

Case Name : G NXT Power Corp Vs Union of India (Kerala High Court)
Appeal Number : WP (C) No. 2981 of 2019
Date of Judgement/Order : 29/08/2019
Related Assessment Year :
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G NXT Power Corp Vs Union of India (Kerala High Court)

After hearing the counsel on the adjustment, the Court has suggested refund of IGST after adjusting the higher rate of duty drawback availed by the petitioner without refunding IGST amount. The counsel have consented to disposing of the writ petition by this order:

a) The respondents are given liberty to adjust the amount already availed by the petitioner on account of higher rate of duty drawback and pay the balance of IGST payable to petitioner within six weeks from the date of receipt of a copy of this judgement.

b) The respondents are directed to pay the balance amount i.e., IGST minus higher rate of duty drawback already availed by the petitioner within the time granted by this Court and avoid the additional burden of interest payment on IGST refund. The respondents, if commit default in payment of balance amount as directed by this judgement, the respondents will be obligated to pay interest @ 7% together with balance amount payable from the date on which a request for refund is made by the petitioner till the date of payment.

FULL TEXT OF THE HIGH COURT ORDER / JUDGEMENT

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