info@gstindia.biz | +91-9876512345
GST INDIA Biz
GSTIndia.biz — Case Law Details
Detailed GST Case Law Information

Union of India & Another v. Mohit Minerals Pvt. Ltd.

Date of Order: October 3, 2018
Subject: Validity of Levy of Integrated Goods and Services Tax (IGST) on Ocean Freight
Description:

The respondent, Mohit Minerals Pvt. Ltd., filed a writ petition before the Delhi High Court challenging the levy of Integrated Goods and Services Tax (IGST) on ocean freight under the reverse charge mechanism. The contention was that such levy resulted in double taxation since the importer was already paying IGST on the entire value of goods, including freight, under the Customs Valuation Rules. The High Court ruled in favor of the respondent, holding the levy to be unconstitutional.

The Supreme Court considered appeals filed by the Union of India against the High Court’s decision. After examining the issues, the Court held that the levy of IGST on ocean freight under reverse charge was not sustainable as it led to double taxation and went beyond the scope of legislative competence. The writ petition was dismissed, and both civil appeals filed by the Union of India were allowed. The Court ordered that the parties shall bear their own costs and disposed of all pending applications accordingly.

Other Case Law

Union of India & Anr. v. M/s B Braun Medical India Pvt. Ltd. & Ors.

Challenge to Delhi High Court order concerning interpretation of Section 25(4) of the Central Goods and Services Tax Act, 2017.

The petitioners, Union of India and another, filed a Special Leave Petition befo...

Read More
Benayah Solutions vs Assistant Commissioner of Commercial Taxes & Ors.

Violation of natural justice in GST adjudication proceedings

The petitioner challenged adjudication and appellate orders passed pursuant to s...

Read More
Commissioner of CGST & Central Excise vs Alkem Laboratories Ltd.

Recovery of refund sanctioned based on binding Supreme Court judgment

The Revenue challenged the order of the CESTAT setting aside recovery proceeding...

Read More