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The High Court allowed the petition in part and directed the respondents to restore the input tax credit (ITC) of Rs. 9,83,53,032/- in the petitioner's Electronic Credit Ledger within four weeks. The Court held that the reversal of ITC by the respondents during the summons proceedings without an adjudication process was a violation of Article 265 of the Constitution of India and contrary to the provisions of Sections 16, 41, and 73/74 of the CGST Act. The ITC was initially claimed by the petitioner for exports and was debited twice, once during the summons proceedings and again when filing the refund application, leading to the Court's directive to restore the ITC amount.
The High Court allowed the petition in part and directed the respondents to restore the input tax credit (ITC) of Rs. 9,83,53,032/- in the petitioner's Electronic Credit Ledger within four weeks. The Court held that the reversal of ITC by the respondents during the summons proceedings without an adjudication process was a violation of Article 265 of the Constitution of India and contrary to the provisions of Sections 16, 41, and 73/74 of the CGST Act. The ITC was initially claimed by the petitioner for exports and was debited twice, once during the summons proceedings and again when filing the refund application, leading to the Court's directive to restore the ITC amount.
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