Case LawW.P. Nos.10969, 10972 and 10978 of 2020 and WMP. Nos.13335, 13339 and 13343 of 2020
Chaizup Beverages LLP Vs AC, Central Tax, Coimbatore
- Court:
- High Court
- Bench:
- Madras
- Date:
- March 26, 2021
- Type:
- Writ Petition
- Members:
- ANITA SUMANTH
Subject
Circular cannot stand in the way of a benefit offered under a statutory scheme
Refund
Summary
It is clear from a reading of Section 54(3) that the petitioner is entitled to one or the other of two benefits, i) duty draw back or ii) Input Tax Credit. Thus, an option has been extended to an assessee engaged in zero rated sale to either claim th…
Judgement
These Writ Petitions challenge appellate orders dated 12.05.2020 passed by R2 confirming the rejection of the refunds claimed by the petitioner. The rejection is confirmed taking note of paragraph 2.5 of Board’s Circular No. 37/18-Customs dated 09.10.2018 , on the ground that there has been an excess claim of duty draw back by the petitioner, as per which, they have renounced their claim for…