Case Law Details
SE Forge Limited Vs Union of India (Gujarat High Court)
The Gujarat High Court in M/S SE Forge Limited Vs. Union of India [Special Application No.16056 of 2022 decided on 03.02.2023] held that a SEZ Unit, is entitled to claim the refund of IGST credit lying unutilized in the Electronic Credit Ledger.
FACTS
M/S SE Forge Limited (herein referred to as the “ Petitioner”) is a Social Economic Zone (hereinafter referred to as the “SEZ”) unit engaged in manufacturing of engineering components, tower flanges, bearing rings, and technical components for the other industry. It is involved in the export of goods under Letter of Undertaking (hereinafter referred to as the “LUT”) from the SEZ unit and has been granted authorization to operate as a Special Economic Zone in Vadodara, Gujarat.
The Petitioner purchased goods from non-SEZ suppliers, wherein, Integrated Goods and Services Tax (hereinafter referred to as the “IGST”) was levied by some suppliers. As the Petitioner is a SEZ unit, it was unable to utilise the credit available in the Electronic Credit Ledger.
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