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2021 (9) TMI 617 - HC - CustomsRefund of IGST with interest - goods exported by the Petitioners during the Transitional Period - Vires of Paragraph 11(d) read with 12A(a) (ii) of the Notes and Conditions of the Notification No.131/2016-Cus. (N.T.) dated 31.10.2016 (Annexure P-3) [as amended by Notification No.59/2017-Cus. (NT) dated 29.06.2017 (Annexure P4) and Notification No.73/2017-Cus. (NT) 26.07.2017 (Annexure P5)] - vires of Circular No.37/2018-CUSTOMS dated 09.10.2018 - duty drawback - HELD THAT:- The issue decided in the case of TMA INTERNATIONAL PVT. LTD. & ORS. VERSUS UNION OF INDIA & ANR. [2021 (4) TMI 230 - DELHI HIGH COURT] where it was held that While granting refund to the petitioners, the petitioners will be granted interest at the rate of 7% simple, from the date, when the shipping bills were filed by them, till the date of actual refund, which, in this case, ought not to go beyond 26.04.2021. The respondents are directed to carry out a verification exercise of the claim made by the petitioners within 12 weeks from today and submit a report to this Court. The petitioners shall be at liberty to file the relevant documents as may be called for by the jurisdictional authority in support of its claim. In case the respondents find the claim of the petitioners to be correct, the refund shall be processed by the respondents without awaiting further orders from this Court in accordance with law. List for reporting compliance on 10th January, 2022.
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