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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
AS, PT
RADHADARSHAN PETROPACK LLP – Appellant
Versus
UNION OF INDIA – Respondent
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9511 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 9647 of 2025 FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.S. SUPEHIA and HONOURABLE MR. JUSTICE PRANAV TRIVEDI ==========================================================
Approved for Reporting Yes No ==========================================================
RADHADARSHAN PETROPACK LLP Versus UNION OF INDIA & ORS.
==========================================================
Appearance:
ASHVA LEGAL ADVISORS LLP(13473) for the Petitioner(s) No. 1 MR.AVINASH PODDAR(9761) for the Petitioner(s) No. 1 MS ANCHAL A PODDAR(13386) for the Petitioner(s) No. 1 MR AKASH GUPTA, AGP for the Respondent(s) No. 2,3 MS HETVI H SANCHETI(5618) for the Respondent(s) No. 1 NOTICE SERVED for the Respondent(s) No. 1,2,3 ==========================================================
CORAM:HONOURABLE MR. JUSTICE A.S.
Rule 96(10) of the CGST Rules, which restricted refunds of IGST on exports where benefits of certain notifications were availed, was declared void for future cases following its omission by new legis....
![Sance Laboratories Private Limited VS Union of India, Represented by Its Secretary, Ministry of Finance [Department of Revenue] - 2024 Supreme(Ker) 1148](https://supremetoday-s3.b-cdn.net/Kerala_1.png)
Rule 96(10) of the CGST Rules was declared ultra vires Section 16 of the IGST Act for imposing unjust restrictions on exporters' right to claim IGST refunds.
The court ruled that the denial of a tax refund on grounds of limitation was wrong, emphasizing the principle of unjust enrichment, and clarified that the time limit of two years for refund applicati....
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