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I. SUPREME COURT
1. (2026) 39 Centax 265 (S.C.) Union of India vs. Torrent Power Ltd. dated 10.02.2026.
Where the incidence of tax has been passed on to consumers, any refundable amount must be credited to the Consumer Welfare Fund.
FACTS
The Respondent was engaged in electricity generation and distribution. Respondent had imported natural gas under CIF contracts and paid IGST on ocean freight under reverse charge pursuant to Notification No.10/2017–Integrated Tax (Rate). Respondent later filed refund applications for the tax paid after the levy on ocean freight under CIF contracts was declared unconstitutional in Union of India vs. Mohit Minerals Pvt. Ltd. 2020 (33) G.S.T.L. 321 (Guj.). The refund was denied on the ground that the incidence of tax had been passed on to consumers and, therefore the amount was liable to be credited to the Consumer Welfare Fund.
Subsequently, the respondent filed a writ petition before Hon’ble Gujarat High Court, where it was held that the respondent was entitled to a refund of the tax paid and its proposal to deposit the refunded amount in a separate account and subsequently pass the benefit to consumers through tariff adjustments approved by the Gujarat Elect
