UJJAL BHUYAN ,J. - (1.) Central Goods and Services Tax Act (12 of 2017) - S. 107, 112 Refund Of excess amount paid during pendency of appeal Petitioner furnishing bank guarantees of Rs.4,73,26,512.00 and depositing Rs.3,07,62,233.00 before filing appeal Amount of Rs.7,80,88,745.00 was with authority as against total amount of demand and penalty of Rs.4,73,26,512.00 Thus amount of Rs.3,07,62,233.00 was lying in excess with authority Authority directed to refund amount of encashed bank guarantees along with statutory interest Petitioner directed to furnish freash bank guarantees covering balance amount due . (Paras 26, 27, 30)
(2.) By filing this petition under Articles 226/227 of the Constitution of India, petitioner seeks a direction to the respondents to refund an amount of Rs.4,73,26,512.00 alongwith appropriate interest following encashment of eight th bank guarantees dated 26 October, 2018 bearing Nos. 0005BG00008819, 0005BG00008919, 0005BG00009019, 0005BG00009119, 0005BG00009219, 0005BG00009319, 0005BG00009419 and 0005BG00009519 of ICICI Bank by respondent No.4.
(3.) Case of the petitioner is that it is a dealer registered under the Central Goods and Services Tax Act, 2017 (briefly ' the CGST Act' hereinafter) and Karnataka Goods and Services Tax Act, 2017. It is a private limited company engaged in the business of supplying components to the wind energy industry. In the course of its business petitioner had supplied capital goods i.e., blade moulds from its Bangalore unit in Karnataka to its Halol unit in Gujarat vide tax invoice dated 5th August, 2018. Being an inter-state supply of goods, it was a taxable transaction. Value of the goods as per invoice was Rs.13,14,62,520.00 and integrated goods and service tax (IGST) payable thereon at the rate of 18% was Rs.2,36,63,256.00. The goods were being transported by four th vehicles which were intercepted by respondent No.4 on 11 October, 2018 at Solapur in the State of Maharashtra. Taking the view that the e-way bills were faulty and undervalued, orders of detention were passed by respondent No.4 under Section 129 of the CGST Act on 17th October, 2018. Simultaneously, demand notices dated 17 October, 2018 were issued levying IGST of Rs.59,15,814.00 and an equivalent amount of penalty for each of the four vehicle, thus total IGST demand levied was Rs.2,36,63,256.00 and equivalent amount of penalty imposed.;