The Gujarat High Court has denied rebate or refund of advance authorisation licenses prospectively from October 2017. The ruling is given in a case where exporter could not avail Integrated GST rebate or refunds due to change in government rules retrospectively.”The amendment is made retrospectively thereby avoiding the anomaly during the intervention period and exporters who already claimed refund under second option need to payback IGST along with interest and avail ITC (input tax credit),” Justices JB Pardiwala and Bhargav D Karia said in their order dated October 20.“By virtue of the above amendment, the option of claiming refund is not restricted to the exporters who only avail basic custom duty exemption and pay IGST on the raw materials thereby exporters who want to claim refund under second option can switch over now,” the order noted.
