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Panila Chem Limited & Anr.-vs-State of Gujarat & Ors.-2026-juristway.com-3121-HC(Gujarat)-GST
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2026-juristway.com-3121-HC(Gujarat)-GSTPanila Chem Limited v State of Gujarat
✓ Good LawAllowed2 Judge Bench
TreatmentNot yet cited by a later judgment
2026-juristway.com-3121-HC(Gujarat)-GST

Panila Chem Limited & Anr.

versus

State of Gujarat & Ors.

Court - Bench
In The High Court (HC) - Gujarat
Date of Judgment
23 October 2026
Judges
Hon'ble Mr. Justice A.S. Supehia, Hon'ble Ms. Justice Vaibhavi D. Nanavati
Case Number
R/Special Civil Application No. 4610 of 2025
Advocate (Petitioner)
Krutarth K Desai (9662); Mr Abhay Y Desai (12861)
Advocate (Respondent)
Mr Raj Tanna - AGP; Mr Neel P Lakhani(10679)
Quick ref
Takeaway

Refund — Limitation — Relevant date — APL-04 uploaded 2+ years after appellate order — Physical copy received on 08.03.2022 — Portal summary uploaded 03.06.2024 — Refund filed 04.06.2024 — Procedural law is servant not master — Refund directed with 6% interest — Gujarat HC allowed the writ petition and directed refund of ₹5,41,032/- with 6% interest from 15.08.2024, holding that while the relevant date under Explanation 2(d) to Section 54 is ordinarily the date of communication of the appellate order (08.03.2022), the peculiar circumstances — where APL-04 was uploaded only on 03.06.2024 and the petitioner filed the refund application the very next day — warranted treating the portal upload date as the relevant date to avoid defeating the substantive refund directed by the appellate authority, that procedural law must be a servant and not a master of justice (Sambhaji, SC), and that retention of amounts despite an appellate direction violates Articles 265 and 300A.

Digest & Analysis
Litigation Digest

In Panila Chem Limited & Anr. v. State of Gujarat & Ors., 2026-juristway.com-3121-HC(Gujarat)-GST, where the appellate authority allowed the appeal against Section 129 detention on 28.02.2022 directing refund of ₹5,41,032/-, the physical copy was received on 08.03.2022 but the APL-04 summary was uploaded on the portal only on 03.06.2024 following departmental instructions, and the refund application filed on 04.06.2024 was rejected as time-barred, the Court held that (i) the relevant date under Explanation 2(d) to Section 54 is ordinarily the date of communication of the order and the petitioner could have filed offline, (ii) however, in the peculiar circumstances where the APL-04 delay was attributable to the department and the petitioner filed the very next day, procedural law must serve justice not obstruct it (Sambhaji, SC), (iii) continued retention violates Articles 265 and 300A and would indirectly revive the quashed demand, (iv) directed refund with 6% interest from 15.08.2024 within 12 weeks, failing which 9% interest applies.

Full Text
Judgment & Order
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