9911796707
TMI Blog2024 (6) TMI 1374X X X X Extracts X X X X X X X X Extracts X X X X ..... AK/JC/APL/265 to 275/2021. 2. It is the case of the petitioner that petitioner which is manufacturing grey fabrics falling under Chapter Heading 5407 of the First Schedule of the Customs Tariff Act, 1975 and is also registered under the provisions of the Goods & Service Tax Act, 2017 (for short 'the GST Act') bearing Registration No. 24AABCO1541Q1ZC. 2.1 It is the case of the petitioner that the goods falling under Chapter Heading 5407 attracts GST @ 5% as per Serial No. 217 of the First Schedule to the Notification No. 1/2017-Central Tax (Rate) dated 28th June, 2017, as amended. 2.2 In order to manufacture grey fabrics, petitioner has purchased polyester yarn as raw material falling under Chapter Heading 5402 of the First Schedule to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 26th July, 2018, respondent No. 3 - Central Board of Indirect Taxes & Customs (CBIC) issued Circular No. 56/30/2018-GST dated 24th August, 2018, in which the procedure for calculation of accumulated ITC for the period of July, 2017 to July, 2018 was prescribed and it was clarified that such amount was to be reversed in the monthly return of GSTR-3B for the month of August, 2018 and accordingly, the petitioner, after reversing the credit of ITC from July, 2017 to July, 2018; filed refund claim petition. 2.7 The respondent, however, rejected the claim petition on the ground that petitioner did not pay interest with regard to the reversal of ITC for the aforesaid period and passed the order in Form GST-RFD-06 under Rule 92 of the CGST Rules, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vert the contentions of the petitioner that no show-cause notice was issued by the respondent authority for rejecting the refund claim on the ground of non-payment of interest by the petitioner. 5. In view of the above, without entering into the merits of the matter, the impugned order passed by the appellate authority as well as order of the adjudicating authority rejecting the refund claim of the petitioner in respect of ten refund applications as enumerated in the appellate order are hereby quashed and set aside and the matter is remanded back to the adjudicating authority-respondent No. 2 for de novo consideration of refund claims made by the petitioner in accordance with law. 5.1 Such exercise shall be completed within 12 weeks from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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