2021 (10) TMI 636

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....Counsel for the Respondents. P.C: 1. Heard Mr. Nikhil Vaze, the learned Counsel for the petitioner and Ms. Suzette Pereira, the learned Standing Counsel for the respondents. 2. This matter was adjourned from time to time at the request made on behalf of the respondents. However, today, Ms. Suzette Pereira, the learned Standing Counsel for the respondents states that there is a subsequent ....

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....ich are having NIL rate of export duty. 1. The term 'subjected to export duty' used in first proviso to section 54(3) of the CGST Act, 2017 means where the goods are actually leviable to export duty and suffering export duty at the time of export. Therefore, goods in respect of which either NIL rate is specified in Second Schedule to the Customs Tariff Act, 1975 or which are fully exempted from....

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....o the Customs Tariff Act, 1975, would not be covered by the restriction imposed under the first proviso to section 54(3) of the CGST Act for the purpose of availment of refund of accumulated ITC. 5. The learned Counsel for the parties submit that the aforesaid clarification settles the issues raised in this Petition in favour of the petitioner herein. Accordingly, we quash and set aside the ord....