M/s AJANTA PHARMA LIMITED v. UNION OF INDIA & ORS. – Gujarat High Court
High Court, Gujarat
Bhargav D. Karia, Justice & Pranav Trivedi, Justice
M/s AJANTA PHARMA LIMITED
v.
UNION OF INDIA & ORS.
R/SPECIAL CIVIL APPLICATION NO. 6833 of 2025 dated 16.10.2025
Law : GST
Act Name : Central Goods & Service Tax Act, 2017 & Integrated Goods & Service Tax Act, 2017
Relevant Section : Section 54 & 107 & Section 16
Rule Number : Rule 89
Rule Name : Central Goods & Services Tax Rules, 2017
Decision : In favour of assessee
Refund – ITC – SEZ – Zero-rated supplies – Claim for refund of unutilized IGST credit distributed by ISD under Section 54(3) CGST Act and Rule 89(4) CGST Rules – Petitioner entitled to refund as ISD considered part of supplier and distributes input credit to SEZ Unit – Refund claim by SEZ Units permissible notwithstanding supplier entitled to file refund application under Rule 89 – Petitioner refund sanctioned initially but set aside on departmental appeal – Subsequent show-cause notice for recovery challenged – Court held ratio in Britannia Industries(batuk.online) case squarely applies – SEZ Unit eligible for refund of IGST credit lying in Electronic Credit Ledger – Held: Petition allowed – Order quashed – Respondents directed to process refund claim within 3 months.
Represented By:
Counsel for the Petitioner: Anandodaya S Mishra
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