M/S.Zenith Forgings Pvt Ltd And ANR v. Union Of India And ORS.

05.04.2022.

p.b.

Sl. No.14.

W.P.A. 5594 of 2022 M/s. Zenith Forgings Pvt. Ltd. & Anr.

Vs.

Union of India & Ors.

Mr. Arijit Chakraborty, Mr. Nilotpal Chowdhury, Mr. Prabir Bera.

........for the petitioners.

Mr. Somnath Ganguly, Mr. Sukalpa Seal.

.........for the respondent.

Mr. Sujit Mitra.

.........for the UOI.

Heard learned advocates appearing for the parties. Petitioner has filed this writ petition being aggrieved by inaction on the part of the respondent authority concerned in refunding the amount of Rs.8,93,153.25 in spite of recording in its order dated 20th February, 2022 that petitioner is eligible for refund and such order has been passed in compliance of my earlier order dated 6th December, 2021 passed in the case of the petitioner in WPA No.18295 of 2021. This court fails to understand that what prevents the respondent authority concerned from refunding the amount in question after finding themselves that the said amount of IGST is refundable to the petitioner.

Mr. Ganguly, learned advocate appearing for the respondents could not justify and explain the reason for

still upholding the said amount, however, very fairly submits that reasonable time may be granted to the respondent concerned to take suitable steps for refunding the IGST amount in question to the petitioner and considering such prayer, respondent concerned is granted four weeks time from date to see that the refundable amount in question is refunded to the petitioner positively. With this observation and direction, this writ petition being W.P.A. No.5594 of 2022 stands disposed of. (Md. Nizamuddin, J.)