Thursday, 15 October 2026

P&H HC holds exporter eligible for refund of interest paid under Rule 96A on subsequent realisation of export proceeds

 This Tax Alert summarizes a recent ruling of the Punjab & Haryana High Court (HC)1 on the validity of paragraph 4.6 of Circular No. 197/09/2023-GST dated 17 July 2023, which denies refund of interest paid under Rule 96A of Central Goods and Services Tax Rules, 2017 (CGST Rules) where export proceeds are realized after the prescribed period.


The key observations of the HC are:

  • The Circular itself recognizes subsequent realization of export proceeds and permits refund of the tax paid under Rule 96A. Therefore, retention of interest after refund of the underlying tax must have an independent statutory basis.
  • Section 54(1) of the Central Goods and Services Tax Act, 2017 (CGST Act) expressly contemplates refund of tax, interest paid thereon, and any other amount paid by a person, and is broad enough to cover refund of interest paid under Rule 96A.
  • Neither Section 54 of the CGST Act nor Rule 96A of the CGST Rules contains any provision requiring retention of interest once the tax paid under Rule 96A has been refunded.
  • Circular cannot create a liability or impose restriction that is not contemplated by the Act or the Rules. Paragraph 4.6 of Circular No. 197/09/2023-GST, to the extent it denies refund of interest despite refund of the corresponding tax upon realization of export proceeds, travels beyond the statutory framework.

Basis above, HC allowed the refund of interest paid under Rule 96A.

Comments:

  • Exporters may revisit historical interest payments in similar cases and evaluate potential refund opportunities, particularly where export proceeds were ultimately realised.
  • Where the two-year refund period has expired, taxpayers may explore whether interest can nevertheless be claimed without limitation, considering its retention lacks statutory basis.
  • The ruling may prompt the Government to revisit existing administrative guidance and provide a uniform mechanism for dealing with similar interest refund claims.

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P&H HC holds exporter eligible for refund of interest paid under Rule 96A on subsequent realisation of export proceeds

  This Tax Alert summarizes a recent ruling of the Punjab & Haryana High Court (HC) 1 on the validity of paragraph 4.6 of Circular No. ...