International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
HC quashed the impugned order denying refund of IGST to the petitioner-assessee and directed grant of refund. It held that mere suspicion of excess ITC availment cannot justify withholding refund through a notice under Rule 92(3) CGST Rules when no discrepancy in the refund claim is established. Relying on SC principles, HC held that initiation of recovery proceedings for excess ITC requires issuance of a proper show cause notice under Sections 73 or 74 CGST Act, with adherence to natural justice. As no such notice existed and the audit report did not indicate wrongful ITC for FY 2019-20, non-grant of refund was held unsustainable.
HC quashed the impugned order denying refund of IGST to the petitioner-assessee and directed grant of refund. It held that mere suspicion of excess ITC availment cannot justify withholding refund through a notice under Rule 92(3) CGST Rules when no discrepancy in the refund claim is established. Relying on SC principles, HC held that initiation of recovery proceedings for excess ITC requires issuance of a proper show cause notice under Sections 73 or 74 CGST Act, with adherence to natural justice. As no such notice existed and the audit report did not indicate wrongful ITC for FY 2019-20, non-grant of refund was held unsustainable.
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