2023 (6) TMI 446

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....pondent(s) : Mr. Kinshuk Jain with Mr. Jay Upadhyay And Mr. Sorabh Jain ORDER This petition is directed against alleged inaction on the part of the respondents in not finalizing petitioner's claim for refund. The petitioner runs a manufacturing unit for manufacture of electrical wires and allied products. It is involved in the business of export. The petitioner's case is that while exporting the goods out of India various export invoices, shipping bills and bills of lading were generated by shipping line, details of which have been given in paragraph 3(f) of the petition. As Section 54 of the Central Goods and Services Tax Act, 2017 (for short 'the CGST Act') read with Section 16 of the Integrated Goods and Services Tax Act, 2017 (for s....

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....lleged to have been generated in a transaction with a nonexistent company. As a consequence, show cause notice under Section 74 of the CGST Act has also been issued against the petitioner and proceedings have remained pending. Learned counsel for the petitioner, referring to the provisions contained under Section 54 of the CGST Act and the provisions contained in Rule 96 of the CGST Rules, submitted that the application for refund cannot be kept pending indefinitely. The provision of law mandate decision of refund applications within stipulated period. He would further submit that as no deficiency was pointed out, the refund application ought to have been decided in favour of the petitioner within the time stipulated under the law. His fu....