Artificial inflation of balance of CGST and SGST due to appropriation of IGST credit.


Quick Summary
This case concerns the artificial inflation of Central Goods and Services Tax (CGST) and State Goods and Services Tax (SGST) balances. The petitioner sought to quash a customs notification and a trade notice, arguing that importers should not be required to pay Integrated Goods and Services Tax (IGST) in a manner that leads to this imbalance. The court was asked to consider refunding a significant amount of tax paid with interest.

Court :
Gujarat High Court)

Brief :
By this writ application under Article226 of the Constitution of India, the writ applicants have prayed for the following reliefs:

Citation :
Appeal Number : Special Application No. 20759 of 2018

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20759 of 2018

M/S RADHESHYAM SPINNING PVT LTD
Versus
UNION OF INDIA

Appearance:
KUNTAL A PARIKH(7757) for the Petitioner(s) No. 1,2
MR DEVANG VYAS(2794) for the Respondent(s) No. 1
MR DHAVAL D VYAS(3225) for the Respondent(s) No. 3
NOTICE SERVED(4) for the Respondent(s) No. 2,4,5

CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA
and
HONOURABLE MR. JUSTICE ILESH J. VORA

Date : 29/01/2021

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. By this writ application under Article226 of the Constitution of India, the writ applicants have prayed for the following reliefs:

( a) That this Honorable Court be pleased to quash and set aside Notification no.26/2017Custom, dated 29.06.2017 annexed as ‘Annexure F’ to the extentamending Notification no.16/2015Customs, dated 01.04.2015, annexed as ‘Annexure – B’; and

(b) That this Honorable Court be pleased to quash and set aside Trade Notice 11/2018, dated 30.06.2017issued by the Respondent No.2, annexed as‘Annexure – G’, to the extent it is stated thereinunder Chapter 5 that importers would need to pay IGST; and

(c) That this Honorable Court be pleased to grant refund of Rs.3,37,79,196/- and interest at the rate of 24% thereon; and (d)Ex parte ad-interim relief in term of Prayer 9(c) be granted; and

(e) For Costs; and

(f) That this Honorable Court be pleased to grant such other and further relief/s as are deemed just and proper in the facts and circumstances of this case.

To know more in details find the atatchment file
 

FAQ :

The case addresses the artificial inflation of CGST and SGST balances caused by the appropriation of IGST credit.

The petitioner sought to quash Customs Notification no. 26/2017 and Trade Notice 11/2018, which they argued mandated IGST payments inappropriately.

The applicants prayed for the quashing of specific notifications, a refund of Rs. 3,37,79,196/- along with interest, and other just reliefs.

The petitioner argued that importers should not be required to pay IGST in a way that artificially inflates their CGST and SGST balances.

 



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