2024 (1) TMI 1204

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....NIRAL R. MEHTA Appearance: For the Petitioner(s) No. 1 : Mr. Hardik V Vora(7123)   For the Respondent(s) No. 1 : Notice Served By DS   ORAL ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. Heard learned Senior Advocate Mr. Hardik Vora petitioner for the petitioner and learned Assistant Government Pleader Ms. Shrunjal Shah for the respondent. 2. Rule returnabl....

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....grant refund of the amount of IGST already paid by the petitioner pursuant to the impugned Entry No. 10 of Notification No. 10/2017IGST (Rate) dated 28.06.2017 along with appropriate interest on such Refund. c. Pass any other order(s) as this Hon'ble Court may deem fit and more appropriate in order to grant interim relief to the petitioner. d. Any other and further relief deemed ....

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..... Mohit Minerals Private Limited reported in [2022] 138 taxmann.com 331(SC) held that no IGST is payable on Ocean Freight under Reverse Charge Mechanism on contracts of Cost, Insurance and Freight [CIF] imports of goods by the Indian importers since it is composite supply of goods on which IGST is liable to be paid under section 5(1) of the Integrated Goods and Services Tax Act, 2017 ['IGST Act' f....

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....rting documents before the respondent-authorities. However, the respondent-authorities issued deficiency memo in Form-RFD-03 on 10.03.2023 asking the petitioner to file a fresh refund application on the ground that the decision of the Hon'ble Supreme Court cannot be given effect retrospectively and secondly, the IGST does not have enough balance through out the period in the electronic credit ledg....