βIndirect Tax I Arbitration I Insolvency Advisory I Litigationsβ
Dated: 12.06.2024
CVD & SAD is refundable under GST regime Rules CESTAT Delhi
The appellant M/s Hindustan Equipments Private Limited are manufacturers of goods falling under chapter 84 and were registered under existing law (Central Excise Act, 1944). Pursuant to introduction of the GST regime with effect from 01.07.2017, the assesse migrated to GST and obtained a GST registration number.
The facts of the case are that during the period 2010-13, the appellant had obtained four EPCG authorizations bearing no. 1130001860 dated 09.08.2010, 1130001962 dated 25.11.2010, 563000222 dated 23.01.2013 and 563000230 dated 24.01.2013. The appellant imported duty free capital goods accordingly in pursuance of the said 4 EPCG licenses issued. However, due to unavoidable circumstances, the export obligation could not be met with. Accordingly, in terms of Customs Notification no. 16/2015 dated 01.04.2015 the appellant paid customs duty including CVD & SAD for such non-fulfilment of export obligation along with interest as applicable.
The CESTAT Delhi bench passed an order stating that, the appellant being a registered assesse under the GST regime and having paid CVD and SAD to, however, no credit is available under the provisions of the law, the CESTAT Delhi bench held that the appellant is entitled to refund in terms of the provisions of section 142 (3) and (6) of GST Act. The order of the lower authority inherently in error, was thus set aside. The appeal filed by the appellant was allowed with consequential relief as per law.
Case Title: M/s HINDUSTAN EQUIPMENTS PRIVATE LIMITED Vs COMMISSIONER OF CGST & CENTRAL EXCISE, INDORE
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Source: CESTAT Delhi
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