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    <title>2025 (11) TMI 1326 - GUJARAT HIGH COURT</title>
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    <description>HC held that the petitioner-unit is an exporter making zero-rated supplies under section 16(1) of the IGST Act, not a deemed exporter, as its suppliers treated their supplies as regular B2B and did not follow deemed export procedures or claim related benefits. Consequently, the petitioner&#039;s refund claim of unutilised ITC falls under section 54(3) of the GST Act read with Rule 89(1)/(4), not Rule 89(4A). Para 2.2 of Circular No. 172/04/2022-GST dated 06.07.2022 was held inapplicable to such exports, and the appellate authority&#039;s reliance on deemed export provisions was found contrary to the statute. The rejection and suo motu review of sanctioned refunds were quashed, and the petition was allowed.</description>
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    <pubDate>Thu, 13 Nov 2025 00:00:00 +0530</pubDate>
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      <title>2025 (11) TMI 1326 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=781858</link>
      <description>HC held that the petitioner-unit is an exporter making zero-rated supplies under section 16(1) of the IGST Act, not a deemed exporter, as its suppliers treated their supplies as regular B2B and did not follow deemed export procedures or claim related benefits. Consequently, the petitioner&#039;s refund claim of unutilised ITC falls under section 54(3) of the GST Act read with Rule 89(1)/(4), not Rule 89(4A). Para 2.2 of Circular No. 172/04/2022-GST dated 06.07.2022 was held inapplicable to such exports, and the appellate authority&#039;s reliance on deemed export provisions was found contrary to the statute. The rejection and suo motu review of sanctioned refunds were quashed, and the petition was allowed.</description>
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      <pubDate>Thu, 13 Nov 2025 00:00:00 +0530</pubDate>
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