Gujarat High Court: Voluntary Integrated GST Paid on Ocean Freight Refundable Despite Time Bar

In a significant judgment, the Gujarat High Court recently ruled that the Integrated Goods and Services Tax (IGST) paid voluntarily on ocean freight is refundable, even if the application for refund is filed after the time limit mentioned under the GST laws. This decision brings relief to importers and exporters across India who had paid IGST on ocean freight charges under protest or by mistake. To understand this better, let’s look at the background. When goods are imported into India via sea routes, there are shipping charges involved, known as "ocean freight." Earlier, under the interpretation of GST laws, the government required importers to pay IGST on these charges under the reverse charge mechanism. In simple words, importers were made responsible for paying tax on services provided by foreign shipping companies. Many businesses, to stay on the safer side, paid this IGST voluntarily. However, the situation changed after the Supreme Court, in the landmark Mohit Minerals Pvt. Ltd. case, ruled that IGST on ocean freight in CIF (Cost, Insurance, and Freight) contracts was not valid under GST law. This left many importers wondering whether they could claim a refund for the amounts they had already paid. In the case recently heard by the Gujarat High Court, an importer had paid IGST on ocean freight and later applied for a refund after the Supreme Court’s judgment. The GST department, however, rejected the refund application, saying that it was filed after the two-year time limit allowed under Section 54 of the CGST Act. The importer challenged this rejection before the Gujarat High Court. The court, after hearing the arguments, ruled in favor of the importer. It stated that the IGST collected on ocean freight was not legally due and hence not considered a "tax paid" under GST law. Since the payment was made due to a mistake of law, it should be treated as a deposit or mistaken payment, and not as a regular tax. Because of this,