TMI Blog2020 (12) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... as per the amended provisions w.e.f.01/06/2019. Therefore, w.e.f. 01/06/2019, the accumulated ITC of IGST of ₹ 4,47,43,682/- (Additional Customs duty paid by the writ-applicants, EPCG holder) started getting utilized automatically during the pendency of the petition. The ITC of CGST and SGST started accumulating correspondingly. In such circumstances, as on date on account of such amendment in operation, the writ-applicants have Nil balance of IGST in its electronic credit ledger and the IGST balance is converted into CGST and SGST. In other words, the balance of CGST and SGST got artificially inflated as a result of the appropriation of IGST credit. The respondents are directed to sanction and pay the refund of ₹ 4,47,43, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... For Costs; and (f) That this Honorable Court be pleased to grant such other and further relief/s as are deemed just and proper in the facts and circumstances of this case. 2. It has been fairly conceded by the learned standing counsel appearing for the Union of India as well as by the learned counsel appearing for the respondents nos.2 and 3 that the issue raised in this writ-application is squarely covered by the judgment of this Court in the case of M/s. Prince Spintex Pvt. Ltd. Vs. Union of India; Special Civil Application No.10756 of 2018; decided on 03/02/2020 . We quote the relevant operative part of the judgment referred to above as under:- 42. In the light of the above discussion, the petition succeeds and is, acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PCG holder) started getting utilized automatically during the pendency of the petition. 4. In view of the above, the ITC of CGST and SGST started accumulating correspondingly. In such circumstances, as on date on account of such amendment in operation, the writ-applicants have Nil balance of IGST in its electronic credit ledger and the IGST balance is converted into CGST and SGST. In other words, the balance of CGST and SGST got artificially inflated as a result of the appropriation of IGST credit. 5. In such circumstances referred to above, this writ-application is allowed. The respondents are directed to sanction and pay the refund of ₹ 4,47,43,681/after first reversing the entries of utilization of the subject credit and debi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
