2022 (9) TMI 794

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....artment/R1 & R2. 2.The petitioner seeks a mandamus directing the respondents to refund the amount of Input Tax Credit (ITC) along with interest in relation to the period from January, 2007 to August, 2007. 3.The petitioner is a private limited company and claims to have been engaged in export sales that have been treated as zero rated sales in the returns filed for the respective periods. Since there was nil output tax liability, available ITC was claimed in terms of Section 18(3) of the Act r/w Rule 11(2) of the VAT Rules, 2007, as a refund, in prescribed form, being Form-W. 4.Form-W has been filed, admittedly, belatedly and beyond the period as provided for under the Rules, being 180 days from the date of exports as per Section 1....

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....st its claim as it was only a procedural requirement that must not stand in the way of a substantive claim. 5. The conclusion as above would apply on all fours to the present matter as well in light of the undisputed position that (i) the assessee is an exporter (ii) the turnover attracts zero rate of tax (iii) there are no taxable sales, either domestic or interstate (iv) monthly returns are being filed in time, disclosing the turnover as well as the carry forward of ITC (v) with the filing of the returns in time, assessments are deemed to have been completed as on 31.10.2016 as deemed assessments accepting the returns filed by the petitioner including the component of refund sought for by it. 6. That apart, learned Gover....

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.... an assessee has failed to set-off ITC in respect of output tax liability in any month, then, he shall have the benefit of an extended time limit for such claim, that is, before the end of financial year or before 90 days from the date of purchase, whichever was later, to make such claim. 10.The above claim, once made, would have an impact on the quantification of turnover itself and cannot be equated to a claim for refund. One of the submissions of the assessee in the cases of ALD Automotive and Jayam and Co. was that they had accumulated ITC and had a substantive right to set the same off as against output tax liability. The aforesaid argument was rejected by the Court holding that the availment of ITC cannot be claimed as a vest....