TMI Blog2021 (1) TMI 1048X X X X Extracts X X X X X X X X Extracts X X X X ..... inst a letter of undertaking without payment of tax, it was entitled to refund of the unutilized Input Tax Credit under Section 54(3) of the Act, 2017 - HELD THAT:- Mr. Sheth, in the alternative, submitted that assuming for the moment that there is nothing wrong with the circular dated 4th September 2018, still, the show cause notice under Section 74 of the Act, could not have been issued for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in the present writ application is to the show cause notice dated 24th December 2020 issued by the respondent No.3 under Section 74 of the Act, 2017 by applying the circular dated 4th September 2018, more particularly, the para 3.2 therein with retrospective effect. It is the case of the writ applicant that upon export of goods against a letter of undertaking without payment of tax, it was entit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;A' to this writ application). 3 Mr. Sheth, the learned counsel appearing for the writ applicant would submit that the impugned circular, which lays down the order of debiting the electronic credit ledger, is ultra vires the provisions of the GST and the Rules made thereunder. He would submit that the impugned show cause notice issued by mandatorily applying para 3.2 therein with retrospect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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