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ESS AAR AUTOMOTIVE PVT. LTD. vs. UNION OF INDIA & ORS.
(Delhi High Court)

Hon'ble Judges:

MANMOHAN
SANJEEV NARULA
Pet. Counsel
Vineet Bhatia
Res. Counsel
Anil Soni
Devesh Dubey
Anuj Aggarwal

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

Citation

2020(7) TAXREPLY 2682

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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 alon....

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