APAR INDUSTRIES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This Petition under Art. 226 of the Constitution of India, originally seeks a refund of Rs. 52.97 Crores along with interest thereon under Sec. 56 of the Central GoodsService Tax Act (the Act). Besides, seeking an interest on delayed refund of Rs. 1.90 Crores which was already granted to the Petitioner. These refunds arose on account of tax paid in respect of exported goods under Sec. 16 of the Integrated GoodsService Tax Act, 2017 (IGST Act). During the pendency of this Petition, an amount of Rs. 52.52 Crores has already been refunded under the Act read with IgSt Act.

(2.) Thus, the Petitioner's grievance now is limited to nonpayment of interest on the amount of Rs. 552 Crores of refund already granted to it as well as the refund of the balance amount of Rs. 35 Crores together with interest thereon. It is the Petitioner's case that they are not only entitled to refund of tax paid but also interest thereon as provided under Sec. 56 of the Act, from the expiry of 60 days of filing of the shipping bills, in whch the refund is claimed.

(3.) As against the above, it is the Respondents' case, as indicated in affidavit in reply dated 15th Oct., 2018 of Mr. Balmukund Agarwal, the Asstt. Commissioner of Customs that, there is a invoice mismatch/ error in this case. This has resulted in delay in refunding of the amount of Rs. 52.52 Crores. Thus, no interest in the present facts, is payable by the Revenue for the delay in granting the refund as the same is on account of the Petitioner.