IGST on ocean freight held ultra vires; refund Rs. 2.62 crore ordered and interest payable; Sections 54/56 inapplicable
Case-Laws
GST
The HC held that the impugned IGST levy on ocean freight under the reverse-charge notifications was ultra vires and contrary to the GST scheme, requiring refund of Rs. 2,62,37,558 paid by the Petitioner; the Respondents have refunded that amount. The petition further succeeded in claiming interest of Rs. 71,31,225, which the HC directed the Respondents to pay forthwith and in any event within four weeks of judgment. The court clarified that Sections 54/56 were inapplicable to the initial unlawful collection, but nonetheless sanctioned the quantified interest on the merits. Petition disposed.
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