Refund of ocean freight paid under protest - unconstitutional ...
Court Orders Refund of IGST on Ocean Freight, Rejects Alternative Legal Remedies, Cites Unjust Enrichment Principle.
March 8, 2024
Case Laws GST HC
Refund of ocean freight paid under protest - unconstitutional levy or not - The respondent's argument that refund claims based on unconstitutional levies should be pursued through a suit or writ petition was rejected. - The Court reiterated the principle of unjust enrichment, emphasizing that the petitioner had not passed on the tax burden and therefore, is entitled to the refund. - Consequently, the Court ruled in favor of the petitioner, directing respondent No. 2 to verify and grant the refund of IGST paid on ocean freight within eight weeks from the date of the order, along with statutory interest.
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