M/S. Mosaic INDIA PVT.LTD. vs. The Principal Commissioner Of Central Tax

APHC010202462023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NOS: 10455, 10460, 10461, 10462, 10463, 10473, 10491 & 10493/2023 Between: 1. M/S. MOSAIC INDIA PVT.LTD.,, D. NO. 2-34-14, GROUND FLOOR, PALLAMRAJU NAGAR, SAI NAGA VIGNESWARA NILAYAM, KAKINADA, ANDHRA PRADESH 533 003. ...PETITIONER AND 1. THE PRINCIPAL COMMISSIONER OF CENTRAL TAX, VISAKHAPATNAM CGST COMMISSIONERATE, GST BHAVAN, PORT AREA, VISAKHAPATNAM 530035 2. THE DEPUTY COMMISSIONER OF CENTRAL TAX, , KAKINADA CGST DIVISION, D. NO. 16-23-6211, 2ND FLOOR, G.S.T. BUILDING, PALLAMRAJU NAGAR, KAKINADA 533 001. 3. THE COMMISSIONER OF CENTRAL TAX APPEALS, , D. NO. 3- 30-15, RING ROAD, GUNTUR 522 007. 4. THE ADDITIONAL COMMISSIONER OF CENTRAL TAX APPEALS, , D. NO. 3-30-15, RING ROAD, GUNTUR 522 007. 5. THE UNION OF INDIA, THROUGH ITS REVENUE SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE,128-A NORTH BLOCK, NEW DELHI 110001. 2 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, Order or direction particularly one in the nature 'WRIT OF MANDAMUS a). setting aside the impugned Order-in-Appeal No. VIZ-GST 000-APP-029-20-21 dated 26.11.2020 passed by the Respondent No. 4. b) directing the Respondents to refund Rs. 11,94,034 pertaining to month of June, 2018 in full with applicable interest which is presently at the rate of 6per annum. and c) Pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant provisional refund of 90% of the refund amount in terms of terms of sub-section (6) of section 54 of the CGST Act read with Rule 91 of the CGST Rules and pas IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to grant leave for filing Rejoinder affidavit in the writ petition No. 10455 of 2023 and pass Counsel for the Petitioner: 1. LAKSHMI KUMARAN SRIDHARAN Counsel for the Respondent(S): 1. HARINATH N (DEPUTY SOLICITOR GENERAL OF INDIA)) 2. 3. Y N VIVEKANANDA 3 The Court made the following common order:(per Hon’ble Sri Justice R Raghunandan Rao) The petitioner imports bulk fertilizers into India and supplies the same to the domestic market. The said fertilizers were imported by the petitioner under a cost and freight contract, wherein the cost of freight borne by the overseas seller is included into the total cost payable by the petitioner. 2. Thereafter, the petitioner had sought a refund of the IGST paid under the reverse charge mechanism. This application filed under Section 54 was rejected by order dated 12.03.2020. The appeal filed against the said order was also dismissed by proceedings dated 26.11.202, in WP No.10455 of 2023. The details of the orders of rejection as well as the appellate orders are set out in the table given below: S. No. Writ Petition No. Order in Appeal Order in Original Impugned Period Refund Amount 1. W.P.No.10491/2 023 VIZ-GST- 000-APP- 026-20-21 dated 26.11.2020 C.No.V/18/3 /2020-GST dated 12.03.2020 December, 2017 Rs.20,62,70 5/- 2. W.P.No.10473/2 023 VIZ-GST- 000-APP- 027-20-21 dated 26.11.2020 C.No.V/18/4 /2020-GST dated 12.03.2020 February, 2018 Rs.13,90,29 4/- 3. W.P.No.10463/2 023 VIZ-GST- 000-APP- 028-20-21 dated 26.11.2020 C.No.V/18/5 /2020-GST dated 12.03.2020 May, 2018 Rs.8,63,706 /- 4. W.P.No.10455/2 023 VIZ-GST- 000-APP- C.No.V/18/6 /2020-GST June, 2018 Rs.11,94,03 4/- 4 029-20-21 dated 26.11.2020 dated 12.03.2020 5. W.P.No.10460/2 023 VIZ-GST- 000-APP- 030-20-21 dated 26.11.2020 C.No.V/18/7 /2020-GST dated 12.03.2020 August, 2018 Rs.19,50,74 8/- 6. W.P.No.10461/2 023 VIZ-GST- 000-APP- 031-20-21 dated 26.11.2020 C.No.V/18/8 /2020-GST dated 12.03.2020 October, 2018 Rs.34,16,67 6/- 7. W.P.No.10493/2 023 VIZ-GST- 000-APP- 032-20-21 dated 26.11.2020 C.No.V/18/9 /2020-GST dated 12.03.2020 January, 2019 Rs.17,14,72 7/- 8. W.P.No.10462/2 023 VIZ-GST- 000-APP- 033-20-21 dated 26.11.2020 C.No.V/18/1 0/2020-GST dated 12.03.2020 March, 2019 Rs.19,83,66 6/- Total Rs.1,45,76, 556/- 3. Aggrieved by the said orders of rejection as well as the appellate orders, the petitioner has approached this Court by way of the present set of writ petitions. As all these writ petitions raise a similar issue, they are