High Court passed a speaking order to process the refund application of ITC within 1 Month

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The Hon’ble High Court of Punjab and Haryana directed competent authority by passing speaking order w.r.t refund online application of M/s. Data wind Innovations (P.) Ltd., that decision regarding refund applications should be taken within one month.

Facts:

M/s. Data wind Innovations (P.) Ltd. (“The Petitioner”) was engaged in manufacturing and selling of automatic data processing machines and units thereof, like tablets and smart phones etc. On September 03, 2018 and September 12, 2018, the petitioner had filed online application in Form RFD-01A for refund of the excess input tax credit (“ITC”) of Rs. 3.51 crores(approx.) for the month July 2017 to September 2017, but no action has been taken thereon despite of subsequent reminder.

Petitioner’s contention:

The Petitioner had received three deficiency memos from Competent Authority on dated November 12, 2018 for appear and submit documents. Petitioner were appeared and submitted all documents mentioned but no response had been received till date.

Held:

The Hon’ble High Court of Punjab And Haryana vide its CWP NO. 6353 of 2019 dated March 08, 2019 passing a speaking order after affording an opportunity of hearing to the assessee within a period of one month. Further, High Court directed the competent authority that the assessee is entitled to the refund of the amount and the same shall be released within next one month in accordance with law.

Citation: [2019] 104 taxmann.com 198 (Punjab & Haryana)

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