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TMI Blog2020 (12) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... Dhaval D Vyas, Mr Nikunt K Raval, MR Nirzar S Desai, Mr. Parth H Bhatt, Notice Served ORAL ORDER (PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA) 1. By this writ-application under Article226 of the Constitution of India, the writ-applicants have prayed for the following reliefs:- (a) That this Honorable Court be pleased to quash and set aside Notification no.26/2017Custom, dated 29.06.2017 annex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 relevan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der as to costs". 3. However, the controversy does not come to an end over here. After the present writ-application was filed on 20th December 2020, Section49 of the CGST came to be amended w.e.f. 01/02/2019 and new Section49A and Section49B were inserted in the said Act. By virtue of power under Section49B, Rule88A was inserted w.e.f.29/03/2019 in the CGST Rules vide Notification No.16/2019CT, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ST 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 Rs. 4,47,43,681/after first reversing the entries of utilization of the subject credit and debiting the said amount from the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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