IGST export refund restrictions under omitted Rule 96(10) cannot sustain proceedings without a saving clause.
Case-Laws
GST
Rule 96(10) of the CGST Rules restricted IGST refunds on exports in specified circumstances. The High Court's earlier ruling in M/s Hikal Limited treated the rule as ultra vires section 16 of the IGST Act and manifestly arbitrary. Its subsequent omission without a saving clause meant that proceedings based exclusively on an alleged breach of Rule 96(10) could not continue. Accordingly, a show cause notice seeking to deny or recover an IGST export refund under that rule, along with consequential proceedings, was quashed.
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