Only those goods which are actually subjected to export duty i.e., on which some export duty has to be paid at the time of export, will be covered under the restriction imposed under Section 54(3) from availment of refund of accumulated ITC.
Section 54 of the CGST Act, 2017 – Refund -- The respondent counsel submitted that there is a subsequent development in the context of clarification dated 20.09.2021 and placed on record clarification dated 20.09.2021, which clarifies the position and answers the issue in favour of the petitioner. The court observed that both the counsels agreed that the aforesaid clarification settles the issues raised in this Petition in favour of the petitioner.
Held that:- The Hon’ble High Court quashed and set aside the order-in-original dated 16.03.2020 and the order in Appeal dated 27.11.2020 and directed the respondents to process the case of the petitioner having regard to the aforesaid clarification.
Only those goods which are actually subjected to export duty i.e., on which some export duty has to be paid at the time of export, will be covered under the restriction imposed under Section 54(3) from availment of refund of accumulated ITC.
Section 54 of the CGST Act, 2017 – Refund -- The respondent counsel submitted that there is a subsequent development in the context of clarification dated 20.09.2021 and placed on record clarification dated 20.09.2021, which clarifies the position and answers the issue in favour of the petitioner. The court observed that both the counsels agreed that the aforesaid clarification settles the issues raised in this Petition in favour of the petitioner.
Held that:- The Hon’ble High Court quashed and set aside the order-in-original dated 16.03.2020 and the order in Appeal dated 27.11.2020 and directed the respondents to process the case of the petitioner having regard to the aforesaid clarification.