Section 16 of the IGST Act, 2017 – Refund - The petitioner prayed for directions to the Respondents to grant forthwith the refund of IGST paid on the export of goods. The petitioner by oversight had claimed duty drawback by referring to the code no. 853699 “A” instead of 853699 “B”. The petitioner having realised the mistake applied for correction, which was permitted by the respondent. Despite the correction having been permitted, the refund of IGST was not granted to the petitioner. The court observed that the argument advanced by the Revenue that because the petitioner claimed duty drawback at higher rate, and, therefore, it cannot be permitted now to seek refund of IGST, is factually incorrect. The court relied upon the decision in the matter of Amit Cotton Industries v. Principal Commissioner of Customs and in M/s Shyam Textile Through Proprietor Rakesh Ram Swaroop vs. Principal Commissioner of Customs dated 05.04.2021. The Special Leave Petition filed by the respondent/revenue against the judgment in Shyam Textile case was dismissed on 03.01.2022.

Held that:- The Hon’ble High Court directed the respondent to refund IGST alongwith interest at the rate of 7% (simple) per annum.