Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

Comments

Print   |    |  Comment

GST update /2026-27/0036

Louis Dreyfus Company Private Limited v. Union of India

GST UPDATE

Hon’ble Court: HIGH COURT OF ANDHRA PRADESH
Case Title: Louis Dreyfus Company Private Limited v. Union of India
Petition No. & Citation: WRIT PETITION Nos:17220,
Hon’ble Judge(s) R Raghunandan Rao
Date of Order August, 2025
Outcome In favour of the Appellant
 

Brief Facts of the Case

The petitioner imported goods on a Cost, Insurance and Freight (CIF) basis and discharged GST on ocean freight under the reverse charge mechanism in accordance with Notification Nos. 8/2017 and 10/2017.  Subsequently, the validity of these notifications was challenged in the landmark case of Mohit Minerals Pvt. Ltd. v. Union of India delivered by Gujarat High Court, wherein the levy of GST on ocean freight in CIF contracts was held to be unconstitutional. The decision of the Gujarat High Court was later affirmed by the Hon'ble Supreme Court on 19.05.2022.  Following the Supreme Court's judgment, the petitioner filed refund applications seeking refund of GST paid on ocean freight during 2017. However, the refund claims were rejected by the department as being time-barred under Section 54 of the CGST Act. The appellate authority also upheld the rejection. Aggrieved thereby, the petitioner approached the Andhra Pradesh High Court by means of Writ Petition.

Relevant Section

  • Section 54 of the CGST Act
  • Section 17(1) of the Limitation Act, 1963

Question before Hon’ble Court

  • Whether refund of GST paid on ocean freight under an unconstitutional levy can be denied merely because the refund application was filed beyond the limitation period prescribed under Section 54 of the CGST Act?
  • Whether limitation period prescribed under Section 54 is applicable in case of mistake of law?

Brief Arguments by Petitioner

The petitioner contended that:
  • The petitioner submitted that GST had been paid on ocean freight under the reverse charge mechanism solely because of Notification Nos. 8/2017-IGST (Rate) and 10/2017-IGST (Rate). Subsequently, the levy itself was declared unconstitutional by unconstitutional by the Gujarat High Court in Mohit Minerals Pvt. Ltd., which view was affirmed by the Hon'ble Supreme Court.
 
  • Any amount collected without authority of law cannot be treated as "tax". Once the notification was struck down, the payment assumed the character of money collected without authority of law and not tax legally payable under the GST enactments.
 
  • Section 54 applies only to refund of tax legally collected under the GST law. Where the levy itself is unconstitutional, the collection cannot be treated as tax. Therefore, the limitation period prescribed under Section 54 cannot be invoked to defeat a constitutional claim for refund.
  • Supreme Court clarified that the levy itself was illegal from its inception. Consequently, the payments made by the petitioner were payments made under a mistake of law. The petitioner argued that amounts paid under a mistake of law stand on a different footing from ordinary tax payments and therefore cannot be limitation period under Section 54 is not applicable on the same.
 
  • The petitioner strongly relied upon Article 265 of the Constitution of India, which provides that "No tax shall be levied or collected except by authority of law." The petitioner contended that once the notifications were declared unconstitutional, there remained no authority of law supporting the collection.
 
  • Reliance was placed on various decisions given by Hon’ble Gujarat High CourtComsol Energy Private Limited v. State of Gujarat or Madras High Court Decision in Lenovo India Pvt. Ltd. v. Joint Commissioner of GST (Appeals) which held that Limitation under Section 54 would not apply on amounts paid under mistake of law. Further, the phrase "may make an application before the expiry of two years" used in Section 54(1), is directory rather than mandatory.

Brief Arguments by Respondent

The department argued that:
  • Section 54 specifically prescribes a limitation period of two years.
  • Refund applications filed beyond that period are not maintainable.
  • The judgment in Mohit Minerals should operate prospectively from 19.05.2022.
  • Taxes paid prior to that date cannot automatically become refundable.

Cases Relied Upon

Case Laws Citation
Mohit Minerals Pvt. Ltd. v. Union of India 2020 SCC OnLine Guj 736
Union of India v. Mohit Minerals Pvt. Ltd. 61 GSTL 257 (SC)
Comsol Energy Private Limited v. State of Gujarat 2020 SCC Online Guj 3601 = (2021) 55 GSTL 390 (Guj.)
Lenovo (India) Pvt. Ltd. v. Joint Commissioner of GST (Appeals-I), Chennai (2024) 121 GSTR 268 = 2023 SCC OnLine Mad 7810
State of Madhya Pradesh v. Bhailal Bhai AIR 1964 SC 1006
Binani Cement Ltd. v. Union of India (2013) 288 ELT 193 (Guj)

Findings and Judgement

Upon careful analysis of the Section 54 of the CGST Act, 2017 and placing reliance upon various precedent judgements, the Hon’ble High Court gave the following analysis:
  • Mohit Minerals Judgement Applicable Retrospectively
Any judgment, creating the fresh law would apply prospectively. However, in the instant judgement, Hon'ble Supreme Court is only declaring the law and is not creating any fresh law. Further, the judgements operate retrospectively until the Supreme Court does not invoke concept of prospective overruling. There is no such declaration in the case of Gujarat Minerals and hence it applies retrospectively.
 
  • Tax Collected Without Authority of Law is Not "Tax"
It held that once the levy itself is declared invalid, any amount collected thereunder ceases to have the character of tax. Such collection becomes a payment made under a mistake of law.
 
  • Constitutional Protection Under Article 265 Prevails
The Court emphasized that collection of tax without legal authority violates Article 265 of the Constitution which mandates that no tax shall be levied or collected except by authority of law.
 
  • Section 54 Does Not Apply to Amount collected under Mistake of Law
Where the levy itself is unconstitutional, the amount paid cannot be treated as tax and therefore the limitation prescribed under Section 54 cannot be invoked. The Court specifically endorsed the Gujarat High Court's view in the case of Binani Cement Ltd. v. Union of India, (2013) 288 ELT 193 (Guj) that such claims are governed by broader principles relating to recovery of money paid under mistake of law rather than by Section 54 of the CGST Act.
 
Accordingly, the petition was allowed.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com