Section 54 of the CGST Act, 2017— Refund —– The applicant prayed for quashing OIA dated 13.7.2020 and OIO dated 19.7.2021 with all consequential reliefs and benefits. The applicant submitted that for the exports made between January 2018 and October 2019, they sought refund of the accumulated ITC aggregating to Rs. 85,85,13,169/- and the aforesaid amount was cleared and paid. A similar claim for the month of November, 2019 was put forward but the same came to be rejected, on the ground that the claim was to be filed under Rule 89(4B) of the CGST Rules and not on the basis of the formula of Rule 89(4) of the Rules. The applicant filed appeal, which was remitted to the adjudicating authority. The respondent submitted that now since the principle of input / output ratio is to be applied for the purpose of determining the amount to be refunded, a fresh exercise will have to be undertaken by the Assistant Commissioner.

Held that:- The Hon’ble High Court quashed the impugned order dated 19th July 2019. The respondent shall proceed in accordance with the directions of the appellate authority.