Gold bullion company correctly availed CGST refund of Rs 32 crore: Punjab & Haryana HC

Read Judgement: MMTC -PAMP India Pvt. Ltd v. State of Haryana and others

LE Staff

Chandigarh, August 18, 2021: The Punjab and Haryana High Court has declared that precious metals company MMTC-PAMP India Private Limited has correctly availed the CGST credit of over Rs. 32 crore which was ordered to be recredited in terms of the refund orders passed on three occasions.

This Writ Petition was filed by MMTC-PAMP India Private Limited, a company dealing in gold bullion trade, with a prayer for issuance of a writ in the nature of mandamus for declaring that the petitioner company has correctly availed the credit of the amounts ordered to be recredited in terms of the refund orders dated December 5, 2017, February 22, 2018 & April 9, 2018.

On behalf of the respondents, a short reply, by way of affidavit, of Deputy Commissioner, CGST, Division Palwal, had been filed in which it was admitted that a refund of Rs 32.43 crore had been sanctioned to the petitioner via three refund orders.

The State of Haryana also had no claim regarding this amount.

Declaring that the petitioner correctly availed the credit of amount, the Bench of Justice Ajay Tewari and Justice Girish Agnihotri clarified that any credit that the petitioner is seeking, would only be against Central Goods and Services Tax (CGST) and not against Haryana Goods and Services Tax (HGST).