M/S Mg Global vs. Directorate General Of Analytics And Risk Management & Ors.

W.P.(C)/5708/2022HC DelhiGSTCNR DLHC01013533202213 September 2022Bench: HON'BLE MR. JUSTICE RAJIV SHAKDHER,HON'BLE MS. JUSTICE TARA VITASTA GANJU4 pages
For Petitioner: Mr Rajat Mittal, AdvocateFor Respondent: Mr Aditya Singla, Sr. Standing Counsel with Ms A. Sahilya Veena, Advocate
AI SummaryPartly Allowed

Held

The Court directed the Commissioner to treat the writ petition as a representation and re-examine the petitioner's classification as a "risky exporter". An opportunity for a personal hearing was to be provided.

Facts

The petitioner, a proprietorship concern, was denied IGST refund and duty drawback because it was classified as a "risky exporter". Despite examination of its export consignment, the petitioner claims it was found to be clear.

Key Issues

Whether the petitioner was correctly classified as a "risky exporter" and consequently denied IGST refund and duty drawback.

Sections Cited

Not specified

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5708/2022 M/S MG GLOBAL ......Petitioner Through: Mr Rajat Mittal, Advocate. versus DIRECTORATE GENERAL OF ANALYTICS AND RISK MANAGEMENT & ORS. ......Respondents Through: Mr Aditya Singla, Sr. Standing Counsel with Ms A. Sahilya Veena, Advocate. CORAM: HON'BLE MR JUSTICE RAJIV SHAKDHER HON'BLE MS JUSTICE TARA VITASTA GANJU

O R D E R %

13.09.

2022

[Physical Court hearing/ Hybrid hearing (as per request)]

1.

This writ petition was, in the first instance, placed before the Court on 06.04.2022, when we had made the following observations:

“2. The petitioner is a proprietorship concern.

3.

The principal grievance of the petitioner is that it was not accorded the refund of Integrated Goods and Services Tax (IGST) and duty drawback, only on the ground that it was categorised as a "risky exporter".

3.

It is averred by Mr Rajat Mittal, who appears on behalf of the petitioner, that in accordance with the Standard Operating Procedure [in short “SOP”] contained in the Central Board of Excise and Customs’ [CBEC] Circular No

The judgment continues below.

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