Rejection of a partial refund under the Budgetary Support Scheme without assigning any reasons is invalid in law


Last updated: 29 May 2025

Court :
Jammu & Kashmir and Ladakh High Court

Brief :
The Hon'ble Jammu & Kashmir and Ladakh High Court at Jammu in J & K Cement Corporation v. Union of India[WP(C) No. 2188 of 2022, dated April 04, 2025] held that the rejection of a partial refund claim under the Budgetary Support Scheme("the Scheme") without assigning any reason was unjustified. Further,the Court held that the Petitioner was eligible under the Notification No.F.No.10(1)2017-DBA-II/NER dated November 05, 2017("the Notification") and had correctly calculated the refund based on 58% of Central Goods & Services Tax ("CGST")/State Goods & Services Tax ("SGST")and 29% of Integrated Goods & Services ("IGST")paidon the inter-state supplies.

Citation :
WP(C) No. 2188 of 2022, dated April 04, 2025

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Bimal Jain
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