Assistant Commissioner of Central Taxes Vs Gemini Edibles and Fats India Ltd. (Supreme Court of India)
Supreme Court dismisses appeal, affirming ITC refund claims for inverted duty structure prior to July 18, 2022, cannot be denied based on filing date; Supreme Court Upholds ITC Refund for Pre-July 2022 Period
The Hon’ble Supreme Court in the case of Assistant Commissioner of Central Taxes v. Gemini Edibles and Fats India Ltd. [SLP Appeal (C) Nos. 12495-12498 of 2025 dated May 09, 2025], dismissed the Special Leave Petition (“SLP”) against the Hon’ble Andhra Pradesh High Court ruling where refund claims for Input Tax Claimed (“ITC”) accrued before July 18, 2022 could not be denied solely because they were filed after said date, as Notification No. 9/2022-Central Tax (Rate) dated July 13, 2022 (“the Impugned Notification”) applies prospectively. Thus, Circular No. 181/13/2022-GST dated November 10, 2022 (“the Impugned Circular”) rejecting refund was to be struck down to that extent, and refund rejection orders were to be set aside.
Gemini Edibles and Fats India Limited (“the Petitioner”) was engaged in the business of manufacturing, distributing and branding of edible oils and specialty fats in India. In the process of the manufacture of these products, the Petitioner had sourced various raw materials on which GST had already been paid. It was so transpired that the rate of GST that was payable on edible oils and specialty fats was lower than the rate of tax levied on the inputs or raw materials sourced by the Petitioner.
