2022 (4) TMI 86

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ing the benefit of Notification No 18/2015-Cus. dated 01.01.2015 as amended by Notification No 79/2017-Cus. dated 13.10.2017 That prior to introduction of GST, Notification No 18/2015-Cus. dated 01.01.2015 granted exemption from BCD, CVD & SAD for import of inputs under Advance Authorization for physical exports. On introduction of GST, the said notification was amended vide Notification No 26/2017-Cus dated 29.06.2017 to grant exemption from BCD alone. Subsequently vide Notification No 79/2017-Cus. dated 13.10.2017, the notification was further amended to grant exemption from IGST as well as compensation Cess, subject to pre import condition. 3. That appellant imported goods against the above bills of entry by availing the exemption under....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Gujarat High Court * That the order of Gujarat High Court had simply stayed the proceedings of coercive recovery of the past transaction, and pre-condition as per Notification No 79/2017 were to be considered later and not yet decided in the case. * That the claimant has not submitted any correspondence of DRI regarding investigation conducted by DRI whereby the claimant was directed to pay interest. * That the CA certificate reflects that they have availed the IGST fraction as ITC refund and the remaining portion of Interest for which refund is claimed is on account of late payment of IGST. Therefore the refund of interest payment on account of late payment of IGST does not arise. 8. He upheld all the allegation and rejected the ref....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r on, the appellant has filed the refund claim of IGST alongwith the interest component of Rs. 97,032/- on 13.05.2019. As the appellant has taken the benefit of cenvat credit being eligible on the amount of IGST, they restricted their claim to the amount of refund of interest Rs. 97,032/-. It is also pointed out that vide amended Notification No. 79/2017-Cus. dated 13.10.2017, the earlier exemption notification was amended to grant exemption from IGST and compensation cess also. Thus, the collection of IGST being without authority of law there is no question of charging of any interest on the same and accordingly entitled to refund of interest Rs. 97,032/-. It is evident from the facts on record that appellant have deposited the IGST as wel....