High Court of Punjab & Haryana28 July 2026

J K Cement Works v. Commissioner CGST

For assessee

CWP NO. 29456 OF 2025 (O & M)

The ruling in brief

Where petitioner company engaged in cement manufacturing was granted refund by order in 2022 but Revenue withheld release pending an appeal filed belatedly before Tribunal which remained unlisted, and petitioner could not be regarded as a fly-by-night operator, release of refund was directed subject to petitioner furnishing undertaking to redeposit if departmental appeal ultimately succeeded

Provisions considered

Section 54, read with Section 119, of Central Goods and Services Tax Act, 2017/Haryana Goods and Services Tax Act, 2017

This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.

The ruling in brief

Related rulings

Supreme Court21 Sept 2026

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Matrix Cellular (international) Services (P.) Ltd. v. Principal Commissioner, State Tax, Delhi

SLP dismissed against review petition of High Court holding that where assessee withdrew refund application after issuance of deficiency memo and later sought interest for that disputed period in review petition on ground of error apparent, as no error or mistake was found in earlier judgment denying interest for that period, review petition was not maintainable and not considered on merits

GSTAT Chandigarh24 Sept 2026

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Shruti Bansal v. Solitaire Pharmacia (P.) Ltd

Where exporter claimed refund of unutilised ITC for period based on invoices issued for export supplies under bond/LUT, turnover for refund was determined by invoice date within relevant period, not actual export date, so denial on ground of subsequent export was unwarranted when export stood established and invoices fell in period, making refund allowable. GST: Where exporter claimed refund of unutilised ITC for export without payment of tax and department alleged minor inclusion of ineligible credits in Net ITC computation under rule 89(4), such ineligible ITC did not materially impact maximum refund, which remained higher than amount sanctioned, so refund grant required no disturbance and departmental appeal was dismissed

GSTAT Ranchi23 Sept 2026

For assessee

Pramod Chandan Surin v. Shivam Iron & Steel Co. Ltd

Where manufacturer-exporter of mild steel billets exported goods under LUT without payment of tax causing accumulation of Cess ITC, refund of Net ITC must reflect credit availed and attributable to refund period only, so reversal of earlier period credit subsequently booked could not reduce Net ITC for relevant period, and departmental circular could not override statutory formula

J K Cement Works v. Commissioner CGST

The ruling in brief

Provisions considered

J K Cement Works v. Commissioner CGST

The ruling in brief

Provisions considered

Read the full analysis

Matrix Cellular (international) Services (P.) Ltd. v. Principal Commissioner, State Tax, Delhi

Shruti Bansal v. Solitaire Pharmacia (P.) Ltd

Pramod Chandan Surin v. Shivam Iron & Steel Co. Ltd

Read the full analysis