Ess AAR Automotive Pvt. Ltd. vs. Union Of India & Ors.
(Delhi High Court, Delhi)

Case Law
Petitioner / Applicant
Ess AAR Automotive Pvt. Ltd.
Respondent
Union Of India & Ors.
Court
Delhi High Court
State
Delhi
Date
Jul 14, 2020
Order No.
W.P.(C) 3897/2020
TR Citation
2020 (7) TR 2682
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

1. The petition has been heard by way of video conferencing.

2. Present writ petition has been filed seeking a direction to the respondents to immediately credit the already sanctioned Central Goods and Service Tax component of the provisional refund amount and to refund the balance amount to the petitioner.

3. Learned counsel for petitioner states that a provisional refund order dated 27th November, 2019 under Section 54(6) and Rule 91(2) for ₹ 3,16,76,048 (i.e. CGST ₹ 1,58,38,024/- + SGST ₹ 1,58,38,024/-) was sanctioned being 90% of the total claim in terms of Section 54(6) of the CGST Act.

4. He further states that a revised payment Advice No.62/2019-20 dated 05th December, 2019 was issued to the State Authority and thereafter the SGST component of the provisional refund was credited to the bank account of the petitioner.

5. In the writ petition, it had been averred that CGST component of ₹ 1,58,38,024/- provisionally sanctioned on 27th November, 2019 along with the interest and the remaining 10% of the refund of the balance amount of ₹ 35,19,560/- (CGST-₹ 17,59,780/- + SGST-₹ 17,59,780/-) along with interest w.e.f. 01st October, 2019 has not been paid till date.

6. Today, learned counsel for the petitioner admits that CGST component of ₹ 1,58,38,024/- being 45% of the total claim has been released to the petitioner.

7. Mr. Anuj Aggarwal, learned counsel for respondent No.2 states that his client has advised the Central Government to pay the 5% amount being ₹ 17,59,780/- on 25th June, 2020. He also admits that the balance 5% amount being ₹ 17,59,780/- has to be released by the respondent No.2.

8. Learned counsel for petitioner also seeks payment of interest in accordance with Section 56 and Rule 94 as well as para 34 of Circular No.125/44/2019 GST dated 18th November, 2019.

9. Consequently, present writ petition is disposed of with a direction to the respondent No.2 to pay ₹ 17,59,780/- as well as respondents No.3-4 to pay ₹ 17,59,780/- within a period of one week.

10. The petitioner is directed to file a comprehensive application manually with respondent No.2 seeking payment of outstanding interest within one week.

11. In the event, such an application is filed, it shall be disposed of by respondent No.2 by way of a reasoned order within two weeks thereafter.

12. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.

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