Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Dept. can’t force assessee to adopt more punitive CENVAT credit option under rule 6: Calcutta High Court. *  GST levy on corporate guarantees upheld: Gujarat High Court. *  Calcutta High Court allows appeal against Ex-parte GST order after medical emergencies prevented reply to SCN. *  Legality of gold confiscation based on retracted statement questioned: Madhya Pradesh High Court frames 8 substantial questions of law. *  Interest on delayed duty drawback runs from 1month after ‘Let Export Order’, not final adjudication: Delhi High Court. *  High Courts can’t grant post-dismissal arrest protection in GST pre-arrest bail matters; Sec. 69 arrest order must be communicated: Supreme Court. *  Whether RERA registration can determine GST classification of ‘Ongoing Project’: Rajasthan High Court issues stay notice. *  GSTAT admits Bharti Airtel’s appeal on ITC dispute involving section 17(5)(c) and (d) of CGST Act. *  Showroom interior fit-outs constitutes “Original Works”, CESTAT quashes ?2.61 crore service tax demand. *  CESTAT upholds extended limitation for inadmissible CENVAT credit availed during area-based exemption. *  Refund can’t be denied merely for not challenging Bill of entry when exempt duty was paid inadvertently: Punjab & Haryana High Court. *  GST Appeal limitation must run from DRC-07 communication, not detailed adjudication order: Madras High Court. *  GST amnesty waiver covers self-assessed tax: Madras High Court. *  AIFTP seeks one-time GST amnesty to revive appeals dismissed for delay under section. 107. *  Customs cargo service provider suspension can’t continue indefinitely under regulation 11(2) of HCCAR: CESTAT *  Madras High Court stays GST demand after finding prima facie double taxation in ongoing housing project. *  GST appeal filed before extended deadline can’t be rejected on limitation without considering CBIC relief notification: Gujarat High Court. *  No right to representation against Anti-dumping findings: Delhi High Court *  Wrong service classification alone can’t justify extended limitation without proof of tax evasion: Rajasthan High Court. *  Importer can’t be penalised when exporter’s DFIA licence remained valid, fraud allegations failed: CESTAT. *  Registry can’t decide complex legal issues: GSTAT refers appeal over pre-deposit linked to Amalgamated Entity. *  GST ITC dispute over ERP software must be decided on proof of utilisation, not just bogus supplier allegation: Madras High Court. *  Supreme court stays GST SCN over parallel proceedings during pending statutory appeal *  CESTAT quashes excise duty demand on poultry cage weld mesh. *  Proforma invoice valid for availing CENVAT credit if service tax is paid: CESTAT. *  Commission retained on air tickets bought through GSA/IATA agents not taxable as business auxiliary service. *  CENVAT credit can’t be denied on duty-paid inputs from area-based exempt units: CESTAT. *  Gross GST collections surge 15.4% to reach Rs 2.11 lakh crore in July 2026. *  Ghaziabad DGGI | Court Extends Judicial Custody of 2 Accused Involved In GST Fake ITC Fraud of ?31.57 Crore Till 7 August 2026 *  Uploading GST Orders on Portal Alone Is Not Valid Service: Punjab & Haryana High Court
Subject News *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure. *  Madras High court stays GST recovery initiated under section. 79 without prior determination under section 73. *  GST Dept. must establish deliberate tax evasion before using extended limitation: GSTAT. *  GST officers can’t keep business premises sealed after search ends: Gauhati High Court. *  GST adjudication order ignoring CBIC circular challenged: Bombay HC grants ad-interim protection to Skoda Auto Volkswagen. *  Alleged evidentiary errors, cross-examination issues, earlier GST audit questions must be raised before Appellate authority: Delhi High Court. *  GST appeal can’t be rejected on erroneous limitation calculation: Madhya Pradesh High Court. *  Adjudication and Appellate orders passed without supplying seized documents to assessee quashed: Bombay High Court stays coercive GST recovery. *  GST search without sharing DIN violates transparency safeguards, but doesn’t invalidate search: Madras High Court. *  Statutory GST appeal can’t be circumvented by mere natural justice allegations: Bombay HC. *  Whether banks can simultaneously avail ITC u/s 17(2) and 17(4)? - Madras High Court stays GST adjudication against City Union Bank. *  Driver’s statement on plain paper has ‘Very Little Evidentiary Value’: Allahabad High Court quashes GST penalty order. *  CENVAT credit can’t be denied on duty-paid inputs from area-based exempt units: CESTAT. *  Ignoring taxpayer’s reply while rejecting GST refund is illegal: Bombay High Court. *  Dept. can’t allege suppression after earlier audit on same issue: CESTAT quashes Excise demand on limitation. *  Sales-tax concession cannot be denied unless government notification is expressly rescinded: Telangana High Court. *  GST appeal delay condoned after portal continued to show case as ‘Pending for order’: Rajasthan High Court. *  Customs duty exemption can’t be denied without test report to support reclassification: CESTAT. *  Recovery can’t continue during pending GST appeal: Punjab & Haryana High Court directs ITC unblocking after statutory pre-deposit. *  Revenue neutrality must be proven with evidence, not assumptions: Madras High Court restores Rs. 20.37 crore Excise demand. *  GST limitation applies to issuance of assessment order, not its service: Calcutta High Court. *  Time barred SCN can’t sustain service tax demand against sub-contractor: CESTAT. *  Absence of mandatory approval in GST sec. 74 adjudication, Karnataka High Court restrained dept. from coercive action. *  GST registration cancellation: Karnataka High court holds appeal u/s 107 is proper remedy *  Service tax tecovery from deceased proprietor’s widow quashed: Chhattisgarh High Court *  No coercive GST recovery against former partner till appeal is decided: Himachal Pradesh High Court. *  GST appeal barred by limitation, Rajasthan HC allows delayed appeal where delay was beyond taxpayer’s control.  

Comments

Print   |    |  Comment

GST Update/ 2026-27/0067

M/s Goodluck India Limited & Anr. v. Union of India & Ors
GST UPDATE ON OMISSION OF RULE 96(10) OF CGST RULES
In today’s Article we will discuss the recent judgment of the Hon’ble Supreme Court of India in the case of M/s Goodluck India Limited & Anr. v. Union of India & Ors., concerning the applicability of the omission of Rule 96(10) of the CGST Rules, 2017 to refund proceedings pending as on the date of its omission.
The judgment assumes importance as several refund proceedings and disputes were pending before various High Courts in relation to the restriction imposed by Rule 96(10) on exporters who had availed specified benefits under the exemption/concessional notifications. The key issue before the Hon’ble Supreme Court was whether, after omission of Rule 96(10) with effect from 08.10.2024, the said restriction could still be applied to refund proceedings which were pending on the date of omission.
The judgment provides significant clarity on the legal effect of omission of a statutory rule in the absence of a saving clause and provides substantial relief to exporters whose refund proceedings were pending when Rule 96(10) was omitted.
Brief Facts of the Case –
Rule 96(10) of the CGST Rules, 2017 imposed restrictions on refund of IGST paid on goods or services exported out of India where the exporter had availed certain specified benefits under the notifications referred to in the said provision.
Subsequently, Notification No. 20/2024 – Central Tax dated 08.10.2024 omitted Rule 96(10) of the CGST Rules, 2017.
After such omission, a dispute arose as to whether the benefit of omission would be available only to future refund claims or whether it would also extend to proceedings which were already pending on the date of omission.
The issue became significant as several proceedings were pending before different High Courts and conflicting views had emerged regarding the effect of omission of Rule 96(10).
The Union of India and the Department challenged the judgment of the High Court which had held that omission of Rule 96(10) would apply to pending proceedings as well.
Core Issue Before the Court –
Whether omission of Rule 96(10) of the CGST Rules, 2017 with effect from 08.10.2024 would benefit assessees in refund proceedings pending on the date of such omission, thereby permitting consideration of refund claims without applying the restriction contained in Rule 96(10)?
Assessee’s Argument –
The assessees contended that Rule 96(10) had been completely omitted from the CGST Rules with effect from 08.10.2024 and that the notification omitting the provision did not contain any saving clause preserving the operation of Rule 96(10) in respect of pending proceedings.
It was therefore argued that once the provision stood omitted, it could not continue to govern proceedings which were pending on the date of its omission.
The assessees relied upon the settled principle that omission of a statutory provision results in its disappearance from the statute book unless there is a specific statutory provision or saving clause providing for continuation of proceedings under the omitted provision.
Accordingly, the restriction under Rule 96(10) could not be applied to pending refund proceedings after 08.10.2024.
Department’s Argument –
The Revenue opposed the applicability of the omission to pending proceedings and contended that the omission of Rule 96(10) should operate only prospectively.
The Department relied upon the recommendation of the 54th GST Council meeting, wherein the Law Committee had recommended that Rule 96(10), along with Rule 89(4A) and Rule 89(4B), be omitted with prospective effect.
It was therefore argued that the legislative intention was not to disturb proceedings which had already arisen under Rule 96(10) and that pending proceedings should continue to be governed by the provision as it existed when the proceedings were initiated.
The Department sought to distinguish the principle relating to omission of statutory provisions and argued that the pending proceedings under Rule 96(10) should not automatically come to an end merely because the provision had subsequently been omitted.
Court’s Observation and Decision –
The Hon’ble Supreme Court examined the effect of omission of Rule 96(10) and referred to the Constitution Bench judgment in Kolhapur Canesugar Works Ltd. v. Union of India, wherein the legal effect of omission of a rule was considered.
The Court reiterated the principle that omission of a statutory provision has the effect of obliterating the provision from the statute book. Where the legislature intends pending proceedings under an omitted provision to continue, an appropriate saving clause or statutory mechanism is required to preserve such proceedings.
The Court noted that Rule 96(10) was omitted by Notification No. 20/2024 with effect from 08.10.2024 and, importantly, there was no saving clause or sunset clause providing for continuation of the restriction contained in the omitted provision in respect of pending proceedings.
The Supreme Court further considered the recommendation of the 54th GST Council. The Court observed that the recommendation of the GST Council regarding prospective operation was advisory in nature and was not binding upon the rule-making authority.
The Court also noted that Rule 96(10) had been omitted because it was leading to “unnecessary complications without any intended benefit being served.” In the absence of a saving clause, the Court held that the intention behind the omission could not be interpreted to mean that such unnecessary complications would continue for pending proceedings.
The Hon’ble Supreme Court therefore held that the omission of Rule 96(10) applies to all proceedings pending on the date of its omission.
Consequently, refund claims pending as on 08.10.2024 are required to be considered without applying the restriction contained in Rule 96(10).
The Court found no reason to interfere with the judgment of the High Court and dismissed the appeals filed by the Revenue. The Court also directed that a copy of the judgment be sent to all High Courts so that pending matters relating to the omission of Rule 96(10) could be brought to finality.

 *CA Pradeep Jain*_

*This is solely for educational purpose*

Readers can also access this from our

Linkedin account : ```www.linkedin.com/in/ca-pradeep-jain-b6a31a16```

Opinion

Conclusion
The judgment of the Hon’ble Supreme Court in M/s Goodluck India Limited & Anr. v. Union of India & Ors. provides significant clarity on the legal effect of omission of Rule 96(10) of the CGST Rules, 2017.
The Supreme Court has categorically held that where a rule is omitted without a saving clause or sunset clause, the omitted provision cannot continue to govern pending proceedings. Accordingly, the restriction contained in Rule 96(10) cannot be applied to refund proceedings which were pending as on 08.10.2024.
The decision is particularly significant for exporters whose IGST refund claims were denied, withheld or subjected to proceedings solely on account of the restriction contained in Rule 96(10).
The judgment also reinforces an important principle of tax jurisprudence that the continued application of an omitted provision to pending proceedings cannot be presumed in the absence of a specific saving provision.
Thus, the ruling provides substantial relief to exporters and is expected to bring finality to several pending disputes concerning refund of IGST on exports where Rule 96(10) had been invoked by the Department. Let us hope that good sense prevails and there is no retrospective amendment come to start one more round of litigation.
There is a lot of litigation has already taken place all over India. The Government has also agreed that there was no need of such a provision which required that if an exporter has imported at nil rate of duty under advance licnece then it should export under LUT only. The exporter cannot claim refund. The agreement by Government has come by omitting the provision in 2024. So, the relief given by Apex Court for past period should be continued and a full stop should be put to this unnecessary litigation. No retrospective amendment for this decision please.
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