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Bombay HC Orders Govt to Nominate Authentic Dept for IGST Refund

Arpit Kulshrestha

Bombay HC's Order for M/s. Bora Mobility

The department has been rendered by the Bombay high court to decide who would have the proper leader to decide on the IGST refund.

The GST head is the proper officer that can process the refund claims as asked by the heads of customs, the division bench of Justice Nitin Jamdar, and Justice Abhay Ahuja noted while the Goods and Services Taxes (GST) heads claim that the same is the customs officer.

The court ordered both authorities to consult with one another and submit a joint note; if they failed to do so, the police were ordered to remain in court.

The assessee/petitioner is an exporter. It submitted a claim for an IGST refund by submitting the shipping bill. Customs did not handle the refund claim. It made contact with the local GST officials. No action was taken on the claim.

On the straightforward question of who should have the authority to decide the petitioner’s claim, the petition went unresolved for more than a year.

The court disagreed with the positions taken by the government officials, which resulted in needless judicial time wasting and harassment of the populace.

Read Also: How to File GST Refund Claims Manually? Step-by-Step Guide

“We direct the Respondents to coordinate with each other, decide about the forum, and inform the Court on the next date through a joint note as to who is the correct authority to decide the Petitioner’s claim. If not done, the court would be constrained to call the officers to the court to explain the position,” the court stated.

Case Title M/s. Bora Mobility Vs Union of India and Others
Citation Writ Petition No. 1168 Of 2022
Date 08.02.2023
Counsel For Petitioner Bharat Raichandani, Rishabh Jain
Counsel For Respondent Shruti D. Vyas, Shehnaz Bharucha, Sangeeta Yadav
Bombay HC Read Order

Disclaimer:- “All the information given is from credible and authentic resources and has been published after moderation. Any change in detail or information other than fact must be considered a human error. The blog we write is to provide updated information. You can raise any query on matters related to blog content. Also, note that we don’t provide any type of consultancy so we are sorry for being unable to reply to consultancy queries. Also, we do mention that our replies are solely on a practical basis and we advise you to cross verify with professional authorities for a fact check.”

Published by Arpit Kulshrestha

Arpit Kulshrestha seeks higher interests in financial services, taxation, GST, I-T, etc. Writes articles with depth knowledge and is extensive for the same. The resources provide effective articles for the products of SAG infotech which provides taxation and IT software. Writing from observations and researching makes his articles virtuous.
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