2026 (2) TMI 1208

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....everse charge on account of Ocean freight paid for imports made on a CIF basis has been rejected. 2. The petitioner is a company incorporated under the Companies Act, engaged in the business of generation and sale of electricity and power. The petitioner is registered with the respondent department under the provisions of the Goods and Services Tax, 2017 (GST Act). During the financial year 2018-19, the petitioner had imported goods consisting of solar photovoltaic PV modules and paid the Integrated Tax on Ocean freight in terms of Entry No. 10 of Notification No.10/2017-Integrated Tax (Rate) under the reverse charge mechanism. Since the tax was paid belatedly, the interest under Section 50 of the GST Act was also paid. 3. Later on, t....

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....d Tax (Rate) dated 28-06-2017 under which the petitioner had paid IGST continued to have legal force at the relevant time, i.e., prior to its deletion with effect from 01-10-2023. (ii) The petitioner relies on the decision of the Hon'ble Supreme Court in Union of India v. Mohit Minerals Pvt. Ltd. (2022 SCC OnLine SC 657) dated 19-05-2022 to contend that the levy of IGST on CIF-ocean- freight was void and has therefore claimed a refund of the same. The answering Respondents respectfully dispute the proposition for reasons set out herein. (iii) The answering respondents most respectfully submit that Notifications 11/2023-Integrated Tax (Rate) and 13/2023-Integrated Tax (Rate) both being dated 26-09-2023 have been issued to a....