M/S.Yentop Manickavel Sons Edible Oils (P) LTD. vs. The State Tax Officer-I

WP(MD)/23656/2019HC MadrasGSTCNR HCMD01105615201922 September 2022Bench: HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ5 pages

AI SummaryRemanded

Held

The Court set aside the impugned order and directed the respondent to re-examine the refund claim. This re-examination must consider the Supreme Court's subsequent affirmation of the Gujarat High Court's decision in the Mohit Minerals case.

Facts

The petitioner's refund application for IGST paid on ocean freight under RCM was rejected. The rejection was based on the respondent's view that the Gujarat High Court's interim order in the Mohit Minerals case was not final.

Key Issues

Whether the IGST paid on ocean freight under RCM is refundable, considering the Supreme Court's decision in Union of India Vs. Mohit Minerals Private Limited.

Sections Cited

Section 5 (3)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

W.P(MD).No.23656 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2022 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P(MD).No.23656 of 2019 M/s.Yentop Manickavel Sons Edible Oils Private Limited, Represented by its Director, Mr.M.Mathavan, No.123, Katchery Road, Virudhunagar. ... Petitioner Vs. The State Tax Officer-I, Virudhunagar Assessment Circle, Virudhunagar. ...Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the Respondent in GST No.33AAACY1979R1ZK/March 2019 and quash the order, dated 03.10.2019 as unlawful and invalid and further direct the Respondent to refund the IGST of Rs.2,95,271/- excessively paid on ocean freight under RCM basis as per Notification No.10/2017 of Integrated Tax (Rate), dated 28.06.2017 as per Section 5 (3) of the IGST Act. For Petitioner : Mr.R.D.Ganesan For Respondent : Mr.M.Siddharthan Additional Government Pleader 1/5 W.P(MD).No.23656 of 2019

This Writ Petition is filed challenging the impugned order date

The judgment continues below.

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