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2021 (8) TMI 1021 - Commissioner - GSTRefund of tax - zero-rated supply of goods or services or both without payment of tax - ITC on export of goods and services without payment of Tax - Section 54 of the CGST Act, 2017 - HELD THAT:- The intent of Policy Wing of revenue is to restrict the refund sanction amount by considering the lower value mentioned in the shipping bill or in GST invoices. Further, it is settled position that where there is any ambiguity in the provision of law with reference to any exemption/concession provided by the Govt should be reading it down and the intention of reading down of any provision is to be provide a restricted or narrow interpretation of the said provisions. The proper officer (adjudicating authority) has rightly taken ₹ 13,09,623/- as Net ITC, the FOB value as total turnover of zero rated supply i.e. ₹ 2,89,44,004/- and Adjusted Total turnover as ₹ 4,17,91,104/-. Therefore, the adjudicating authority has decorously processed the refund application in austere compliance of provisions of law - there are no infirmity in the order passed by the adjudicating authority. Appeal disposed off.
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