Case Details: Louis Dreyfus Company India Pvt. Ltd. Versus Union of India (2025) 31 Centax 237 (Guj.)
Judiciary and Counsel Details
- Bhargav D. Karia & D.N. Ray, JJ.
- Shri Kishore Kunal & Ms Priyal M. Parikh for the Petitioner.
- Shri Neel P. Lakhani for the Respondent.
Facts of the Case
The petitioner filed a refund application under Section 54 of the CGST Act and the Gujarat GST Act for tax periods falling within an earlier timeframe, with the corresponding limitation period extending into the future. The refund was sought on account of accumulation of input tax credit due to an inverted duty structure. The jurisdictional officer under CGST rejected the application on the ground that it was filed after the cutoff date stipulated in paragraph 2(2) of Circular No. 181/13/2022-GST, dated 10-11-2022, which sought to differentiate refund applications filed before and after a specific date. The petitioner submitted that the said paragraph had already been struck down and therefore could not be relied upon to deny the refund claim. The matter was accordingly placed before the High Court of Gujarat.
High Court Held
The High Court of Gujarat held that paragraph 2(2) of Circular No. 181/13/2022-GST, dated 10-11-2022 had already been struck down in Patanjali Foods Ltd. v. Union of India 2025 (97) G.S.T.L. 24/(2025) 28 Centax 75 (Guj.) and Priyanka Refineries Pvt. Ltd. v. Deputy Commissioner ST (2025) 27 Centax 113 (A.P.). It was observed that the refund application filed by the petitioner was within the limitation period prescribed under Section 54(1) of the CGST Act and the Gujarat GST Act. Accordingly, the rejection of the refund application on the basis of a provision that had already been invalidated was not sustainable.
List of Cases Cited
- Ascent Meditech Ltd. v. Union of India — [Special Civil Application No. 17298 of 2024, dated 10-11-2022] — Referred [Para 7.1]
- Patanjali Foods Ltd. v. Union of India — 2025 (97) G.S.T.L. 24/(2025) 28 Centax 75 (Guj.) — Referred [Para 5.1]
- Priyanka Refineries Pvt. Ltd. v. Deputy Commissioner ST — [2025] 171 taxmann.com 240 (Andhra Pradesh) — Referred [Para 5.1]
List of Circulars and Notifications Cited
- Circular No.181/13/2022-GST, dated 10-11-2022
- Notification No. 9-Central Tax (Rate), dated 13-7-2022
- Notification No.13/2022–Central Tax, dated 5-7-2022
