IDZ Digital Private Limited Vs Union of India And Ors. (Bombay High Court)
The petitioner is an exporter. It claimed refund of accumulated Input Tax Credit (ITC) under section 54 of the GST Act. At the time of filing such claim; it debited the said amount. The claim was rejected. It applied for issuance of Form PMT-03 which would re-credit the debited amount. However; the same was not issued; despite repeated reminders. Hence, writ petition was filed.
The Hon’ble Bombay High Court allowed the writ petition. It held that once the refund claim is rejected; Rule 89 provided for issuance of Form PMT-03 for re-credit. The Counsel for the Revenue made a statement that; on verification; it was found that the petitioner had actually debited the said amount. Accordingly; directs re-credit within 15 days. It permits the petitioner to apply for interest on delayed re-credit; which would be decided by the authorities.
Argued by Adv. Bharat Raichandani i/b UBR Legal Advocates.
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
1. Heard learned counsel for the parties.
2. We had adjourned this matter to enable the Respondents to file their affidavit or to obtain their instructions on the Petitioner’s plea that if cash refunds have been denied, then at least the Petitioner must be issued Form GST PMT-03, so as to give credit for this amount in the Electronic Credit Ledger.
