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HomeGSTSC Dismisses SLP Against Gujarat HC Ruling Allowing Refund of Compensation Cess...

SC Dismisses SLP Against Gujarat HC Ruling Allowing Refund of Compensation Cess on Coal Used in Manufacture of Exported Goods

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The Supreme Court has dismissed SLP against Gujarat High Court judgment in the case of Patson Papers Private Limited which allowed refund of Compensation Cess paid on coal utilized for manufacture of exported goods 

The case involved multiple petitions challenging two CBIC circulars issued under Section 168 of the Central Goods and Services Tax Act, which clarified that refund of Input Tax Credit (ITC) on Compensation Cess paid on inputs would not be permissible when exports are made on payment of Integrated GST (IGST). 

The petitioners—manufacturers and exporters—contended that they were entitled to a refund of ITC on the Cess paid for inputs used in the production of exported goods, as their finished products were not subject to the Cess.

The Gujarat High Court observed that although the petitioners had paid IGST on their export supplies, they were not liable to pay Compensation Cess and, therefore, were eligible to claim refunds of the unutilized ITC of such Cess. 

Upon examining the relevant statutory provisions and circulars, the court held in favor of the petitioners, ruling that the exports qualified as zero-rated supplies under the GST law. Consequently, the court set aside the earlier orders that had denied the refund claims.

Case Details

Case Title: UOI Versus Patson Papers Pvt Ltd.

Case No.: SPECIAL LEAVE PETITION (CIVIL) Diary No. 49578/2025

Read More: ITAT Rejects Assessee’s Plea of CA Misconduct Sans Corroborative Evidence; Dismisses Appeals for 170-Day Delay

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

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