Petitioner | Lakhpat Trading and Industry’s Private Ltd. |
Respondent | State of Rajasthan |
Decision by | Rajasthan High Court |
Date of order or Judgement | 13-July-2021 |
Citation no. | 2021 (7) GSTPanacea 18 HC Rajasthan CW-11799/2019 |
Hon’ble Judge | Justice Sabina Justice Vinit Kumar Mathur |
Decision | In Favour of Assessee |
Refund of IGST on Ocean Freight allowed with Simple Interest @6% p.a.
FACTS OF THE CASE
Refund of IGST on Ocean Freight-The petitioners has submitted that no IGST is leviable on RCM basis on an importer of goods from over-seas seller on the Ocean Freight services rendered by a person located in non-taxable territory as otherwise mandated qua the impugned provisions of the Notifications No. 8/2017 & 10/2017 dated 28.06.2017. The Respondents may be directed to refund to the Petitioner the amount of IGST recovered so far on RCM basis on Ocean Freight services. Also permit availment of accumulated Input Credit.
ARGUMENT BEFORE COURT
The appellant submitted that the in view of the decision given by the Gujarat High Court in the case of M/s COMSOL Energy Private Limited v. State of Gujarat, (2021) 5 GSTJ decided on 21.12.2020, the petitioners are also entitled for refund of Integrated Goods and Service Tax (IGST) paid by them.
COURT HELD
Refund of IGST on Ocean Freight-The Hon’ble High Court allowed the writ petitions.
The impugned Notification No. 8/2017-Integrated Tax dated 28th June 2017 and the Entry 10 of the Notification No. 10/2017 dated 28th June 2017 are declared as ultra vires the Integrated Goods and Services Tax Act, 2017, as they lack legislative competency. Both the Notifications are hereby declared to be unconstitutional.
The respondent is directed to process the refund claim filed in the prescribed form RFD-01 online portal along with simple interest at the rate of 6% per annum.
For Reference Visit:
Rajasthan High Court