2018 (11) TMI 1129 - HC - GST

Court Orders Timely Decision on Petitioner's Claim, Refund Due Within 30 Days

Afflatus International Versus Union of India and others

The court directed respondent No.3 to decide on the petitioner's representations and reminders within one month, passing a speaking order after affording ... Release of refund with Interest - petitioner moved a representation dated 30.8.2018 (Annexure P-14) to respondent No.2 for re-credit of Input Tax Credit in electronic credit ledger, but to no effect - Held that:- The petition is disposed off by directing respondent No.3 to take a decision on the representation dated 30.8.2018 (Annexure P-14) followed by the reminders (Annexures P-15 to P-18 respectively), in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioner within a period of one month Issues:- Petitioner's prayer for issuance of a writ of mandamus directing the respondents to release its refund along with interest.Analysis:1. The petitioner, engaged in the export of garments, filed returns for specific months and moved applications for a refund. Respondent No.3 accepted the claim for re-credit for the mentioned months but rejected the refund claim for other months. Despite subsequent representations and reminders, no action was taken by the respondents.2. The counsel for the petitioner argued that despite repeated representations and reminders, the respondents failed to take any action on the refund claim. The court, after hearing the petitioner's counsel, disposed of the petition by directing respondent No.3 to decide on the representation and reminders within one month. The respondent was instructed to pass a speaking order after affording an opportunity of hearing to the petitioner. If the petitioner is entitled to the refund, it should be released within the next month in accordance with the law.