M/S. Sprixoo Knitwear vs. The Assistant Commissioner Of Customs

WP(MD)/12550/2020HC MadrasGSTCNR HCMD01052309202004 December 2020Bench: HONOURABLE MR JUSTICE ABDUL QUDDHOSE4 pages
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Held

The Court directed the petitioner to submit a revised refund request form as per the relevant Board's Circular. Upon receipt, the respondent was ordered to pass final orders on the application within a specified period.

Facts

The petitioner sought a refund of IGST paid on exported goods, claiming a balance amount of Rs. 1,11,254/- was due. The respondents attributed the short credit to a technical fault in the computer system.

Key Issues

Whether the petitioner was entitled to the balance IGST refund despite not following the prescribed procedure for seeking refund, and if the respondents' technical fault excuses the delay.

Sections Cited

Section 5

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
W.P.(MD)No.12550 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.12.2020 CORAM: THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.12550 of 20 20 (Through Video Conference) M/s.Sprixoo Knitwear Rep. by its Partner, Mr.A.Sivabalan ... Petitioner Vs. 1.The Assistant Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin – 628 004. 2.The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin – 628 004. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to refund an amount of Rs.1,11,254/- claimed by the petitioner vide shipping bill No.773482 on 21.09.2019 along with applicable interest within a reasonable time frame. For Petitioner : Mr.Derrick Sam for Mr.Hari Radhakrishnan For Respondents : Mr.B.Vijaykarthikeyan

This writ petition has been filed directing the respondents to refund an amount of Rs.1,11,254/- claimed by the petitioner vide shipping bill No.773482 on 21.09.2018 along with applicable interest within a time frame to be fixed

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