Union Of INDIA vs. M/S Abb Global Industries And Services Private Limited

WA/1524/2026HC KarnatakaGSTCNR KAHC01037503202615 September 2026Bench: CHIEF JUSTICE,K.S. HEMALEKHA5 pages
AI SummaryDismissed

Held

The High Court dismissed the Revenue's appeal, affirming the Single Judge's order. Following a Supreme Court decision, it held that proceedings under an omitted rule, such as Rule 96(10), cannot continue without a specific saving or sunset clause, thereby allowing the refund.

Facts

The respondent claimed a refund of IGST paid on the export of services, which was rejected based on Rule 96(10) of the CGST Rules read with Section 54 of the CGST Act. Rule 96(10) was subsequently deleted by a notification, but the Revenue contended its prospective application. The Single Judge had directed the grant of refund.

Key Issues

Whether a refund claim rejected under Rule 96(10) of the CGST Rules can be denied after the said rule's omission without a saving clause, and whether such omission has retrospective effect on pending proceedings.

Sections Cited

Rule 96(10) of the Central Goods and Services Tax Rules, 2017, Section 54 of the CGST Act

AI-generated summary — verify with the full judgment below

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HC-KAR

CNR: KAHC010375032026 NC: 2026:KHC:50005-DB WA No. 1524 of 2026

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15TH DAY OF SEPTEMBER, 2026

PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1524 OF 2026 (T-RES)

BETWEEN:

1.

UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF FINANCE DEPARTMENT OF REVENUE NO.137, NORTH BLOCK NEW DELHI - 110 001

2.

THE STATE OF KARNATAKA THROUGH THE PRINCIPAL SECRETARY FINANCE DEPARTMENT VIDHANA SOUDHA, BENGALURU - 560 001

3.

THE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) CENTRAL REVENUE BUILDING L.P. ESTATE, ITO NEW DELHI - 110 001

4.

COMMISSIONER OF CENTRAL TAX (APPEALS) GST COMMISSIONERATE BENGALURU APPEALS - 1 4TH FLOOR, TRAFFIC AND TRANSIT MANAGEMENT CENTRE BMTC BUS STAND, HAL AIRPORT ROAD DOMMALURU,BENGALURU - 560 071 …APPELLANTS (BY SRI UNNIKRISHNAN M, ADVOCATE) AMBIKA H B Location: High Court of Karnataka HC-KAR

C

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