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2023 (11) TMI 950 - PUNJAB AND HARYANA HIGH COURTRefund claim - services exported by the appellant fulfilled the conditions of export under Section 2 (b) (v) of IGST Act, 2017 or not - intermediary services or not - HELD THAT:- It is not in dispute that the petitioner is a public limited company incorporated in India, in consonance with the Indian Companies Act, 1956. The petitioner is also registered with the department under GST vide Registration No. 06AABCD7720L1ZM dated 01.07.2017 whereas FKDG is a company incorporated in Germany. The petitioner does not carry out any marketing of the products of FKDG nor any product is delivered by FKDG to it. The activities performed by the petitioner are original activities and for doing the same, it has been charging costs from FKDG. Therefore, it cannot be stated to be intermediary of FKDG and the services provided by it to FKDG cannot be stated to be intermediary services. Thus, a wrong observation has been made by the respondents in this regard. The orders dated 13.09.2019 (Annexure P-10) dated 04.03.2021 (Annexure P-12) are set aside and the writ petitioner is entitled to seek refund for the period from July 2017 to March 2019 from the respondents. The respondents are accordingly directed to release the refund amount to the petitioner within a period of four weeks. Petition allowed.
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