Ask Jurishour AI

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
tdb_templates
saswp_reviews
saswp-collections
saswp_rvs_location
tdc-review-email
web-story-font
web-story
googlesitekit_email
tds_locker
tds_email
saswp
mailpoet_page
mailpoet_email
tdcpt_tunes
tdc-review
pronamic_payment
pronamic_gateway
pronamic_pay_subscr
wpcode
HomeGSTPayment Of IGST On Exports Doesn’t Bar Compensation Cess Refund: Supreme Court...

Payment Of IGST On Exports Doesn’t Bar Compensation Cess Refund: Supreme Court Dismisses Dept.’s Plea

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Supreme Court has dismissed the tax department’s special leave petition challenging a Gujarat High Court judgment allowing refund of unutilised compensation cess credit on coal used in manufacturing goods supplied as zero-rated supplies, even where IGST was paid on those supplies.

The Bench of Justice Manoj Misra and Justice Vijay Bishnoi noted that the petition was filed 324 days beyond the prescribed time. It also recorded that another special leave petition against the same common judgment had already been dismissed on February 13, 2026.

Finding no cogent explanation for the delay, the Bench dismissed the petition on both grounds and disposed of the pending applications. The Supreme Court’s order is brief and does not separately elaborate on the statutory interpretation underlying the compensation cess refund dispute.

Buy Now: 160+ GST E-Magazine September 2026

The department’s petition arose from the Gujarat High Court’s common judgment.

Dispute Over Refund Of Cess Paid On Coal

The underlying controversy concerned whether an exporter could claim refund of accumulated compensation cess credit when the exported finished goods were not subject to compensation cess, but the exporter had paid IGST on the zero-rated supplies.

The Gujarat High Court decided the two petitions through a common judgment delivered by Justice Bhargav D. Karia and Justice Pranav Trivedi. It considered the facts of Atul Limited, the petitioner in Special Civil Application No. 20038 of 2022, as the lead matter.

The company manufactured and sold chemical products, including supplies to Special Economic Zone units and exports outside India. It purchased coal to generate electricity through its captive power plant for manufacturing operations. Suppliers charged compensation cess on the coal, resulting in the accumulation of cess input tax credit.

For financial year 2019–20, the company availed compensation cess credit of ₹13,46,38,852 on inward supplies of coal. It sought a refund of ₹3,39,02,063, representing the amount attributable to zero-rated supplies made with payment of IGST but without payment of compensation cess.

These figures relate to the lead petitioner’s facts recorded in the common High Court judgment.

Department Rejected Refund Because IGST Was Paid

The tax authority issued a show-cause notice dated February 25, 2021, proposing rejection of the refund. Its position was that refund of accumulated compensation cess credit was available only where zero-rated supplies were made without payment of IGST.

Since the company had made the supplies on payment of IGST, the authority treated the cess refund as inadmissible.

The refund application was rejected through an order in Form RFD-06 dated April 8, 2021. The company’s statutory appeal under Section 107(1) of the Central Goods and Services Tax Act, 2017, was subsequently rejected on May 19, 2022, prompting the writ proceedings.

The challenge also concerned paragraph 5 of Circular No. 45/19/2018-GST dated May 30, 2018, and paragraph 42 of Circular No. 125/44/2019-GST dated November 18, 2019, which were relied upon in denying the refund.

Taxpayer Relied On Statutory Credit And Refund Provisions

The taxpayer argued that Sections 9 and 11 of the Goods and Services Tax (Compensation to States) Act, 2017, apply the relevant GST provisions to compensation cess with the necessary adaptations.

It submitted that the provisions governing input tax credit and refund—including Section 16 of the CGST Act, Section 16 of the IGST Act, Section 54 of the CGST Act and Rule 89 of the CGST Rules—therefore supported its entitlement to refund of accumulated cess credit.

The coal was used in the course of manufacturing and selling the finished products. Consequently, the taxpayer maintained that its entitlement to credit of the cess paid on coal was undisputed.

It also relied on the Gujarat High Court’s earlier decision in Patson Papers Pvt. Ltd. v. Union of India, Special Civil Application No. 26250 of 2022. Counsel for the respondents acknowledged before the High Court that the issue stood covered by that decision.

Restriction On Using Cess Credit Does Not Defeat Refund Entitlement

Following Patson Papers, the High Court distinguished between the restriction on using compensation cess credit to pay IGST and the entitlement to refund of unutilised cess credit.

The proviso to Section 11(2) of the Compensation Cess Act permits cess credit to be utilised only towards payment of compensation cess. It therefore prevents a taxpayer from using that credit to discharge IGST liability.

However, the High Court applied the reasoning that this utilisation restriction did not defeat the refund claim in the circumstances before it. The finished goods supplied as zero-rated supplies were not subject to compensation cess, leaving the cess credit accumulated on coal unutilised.

Reading Section 54(3) of the CGST Act with Section 16(3) of the IGST Act and Section 11(2) of the Compensation Cess Act, the Court held that refund of the unutilised cess credit was available even though IGST had been paid on the exported goods.

The High Court concluded that the authorities had misinterpreted the circulars while rejecting the refund applications. It found that the earlier ruling applied squarely to the petitions before it.

The Gujarat High Court quashed the impugned orders and directed the authorities to process the refund applications and sanction the compensation cess amount claimed on unutilised credit.

The Supreme Court’s dismissal leaves that relief intact. The underlying High Court ruling addresses the specific situation in which compensation cess is paid on manufacturing inputs, the zero-rated finished goods do not attract cess, and the refund is denied because the taxpayer paid IGST on the outward supplies.

Membership Required to Access Case Details & Order Copy

To view the complete Case Details and Download Order Copy, you must have an active membership. Please subscribe to continue.

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

Read More: Service Tax Demand Can’t Rest Solely On Balance Sheet Figures: CESTAT

Nikhil Bhandari
Nikhil Bhandari
Nikhil Bhandari is a Chartered Accountant and a Indirect Tax professional with over 5 years of post-qualification experience in tax advisory, compliance management, and tax process optimization. Associated with SDU LLP since August 2015 spanning his articleship through to his current role as Manager Nikhil has uniquely navigated India’s transition from the legacy tax regime into the GST era.His expertise encompasses both strategic advisory and Indirect Tax litigation, where he represents clients in complex disputes across the manufacturing, service, and e-commerce sectors. By providing high-level counsel to corporate leadership, he ensures that tax positions are not only robust and compliant but also structured for long-term operational efficiency.Beyond his core practice, Nikhil is a proactive contributor to the GST ecosystem. He is dedicated to tracking and analyzing judicial precedents from various High Courts and the Supreme Court, fostering greater clarity and ease of access to tax intelligence for the wider professional community.

Latest articles

Service Tax Demand Can’t Rest Solely On Balance Sheet Figures: CESTAT

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi, has set aside...

Disability Pension Arrears Can’t Be Claimed Automatically by Relying on Earlier Ruling: Supreme Court 

The Supreme Court has clarified that its judgment granting disability pension benefits, including broad...

Late Amendment Of Property Suit Can Be Allowed If Due Diligence Is Shown: Supreme Court

The Supreme Court has allowed a belated amendment to a property suit to introduce...

Reopening Must Follow Faceless Procedure: S. 147A Allowing Jurisdictional Officers Struck Down: AP HC [READ ORDER]

The Andhra Pradesh High Court has struck down Section 147A of the Income Tax...

More like this

Service Tax Demand Can’t Rest Solely On Balance Sheet Figures: CESTAT

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi, has set aside...

Disability Pension Arrears Can’t Be Claimed Automatically by Relying on Earlier Ruling: Supreme Court 

The Supreme Court has clarified that its judgment granting disability pension benefits, including broad...

Late Amendment Of Property Suit Can Be Allowed If Due Diligence Is Shown: Supreme Court

The Supreme Court has allowed a belated amendment to a property suit to introduce...