M/S B.S.Minerals vs. State Of Odisha
Held
The Court held that the earlier instructions denying refund were withdrawn and a fresh circular clarified that the restriction on refund of ITC applies only to goods actually subjected to export duty. The impugned show cause notice was also set aside.
Facts
The petitioner sought refund of unutilized input tax credit (ITC) for export of iron ore fines which were exempt from export duty. The authorities had denied the refund based on earlier instructions.
Key Issues
Whether the restriction on refund of unutilized ITC under Section 54(3) applies to exports of goods exempt from export duty.
Sections Cited
Section 54(3)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER 25.11.2021
1. This is the second writ petition by the same Petitioner i.e. M/s B.S. Minerals on the issue of denial of refund of unutilized input tax credit (ITC) against export of iron ore fines for which the export duty is nil as a result of an exemption notification.
In earlier writ petition of the Petitioner i.e. W.P.(C) No.26685 of 2021, the challenge was to two instructions dated 8th June and 25th June 2021 issued by the Joint Commissioner of CT and GST (Law) at Cuttack instructing Circle Heads in Odisha to treat such export as duty paid and refusing the refund.
This Court had in the said writ petition on 8th September 20
The judgment continues below.
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