2018 (10) TMI 1619

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....o the Petitioner. These refunds arose on account of tax paid in respect of exported goods under Section 16 of the Integrated Goods & Service Tax Act, 2017 (IGST Act). During the pendency of this Petition, an amount of Rs. 52.52 Crores has already been refunded under the Act read with IGST Act. 2. Thus, the Petitioner's grievance now is limited to nonpayment of interest on the amount of Rs. 52.52 Crores of refund already granted to it as well as the refund of the balance amount of Rs. 2.35 Crores together with interest thereon. It is the Petitioner's case that they are not only entitled to refund of tax paid but also interest thereon as provided under Section 56 of the Act, from the expiry of 60 days of filing of the shipping bill....

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.... refund in spite of Invoices mismatch/ error, as indicated by SB005. The above Circular/ FAQ does not deal with grant of interest even for the period when there Invoice mismatched/ error. Thus, the Circular/FAQ does not decide the issue, but would require deeper consideration. 6. In these circumstances, we are of the view that, the issue of grant of interest for delaying refund does requires factual determination as to the type of Invoices mismatch, who was responsible for the same and who, if any, and how, was the same corrected. This exercise would be best done by the adjudicating authorities under the Act after hearing the parties. 7. Therefore, we do not entertain this Petition. However, we direct the Petitioner to file a represen....