CBIC Confirms Rule 96(10) Omission is Effective from 2017, thus Double Benefit Claimed Earlier must be Reversed in the Absence of Savings Qualification in Law

The Central Board of Indirect Taxes & Customs (CBIC) has issued Circular No. 264/10/2026-GST dated October 26, 2026. This circular provides massive retrospective relief to Indian exporters by clarifying that the deletion of Rule 96(10) of the CGST Rules, 2017, applies retrospectively from October 23, 2017.

Key Highlights & Legal Stand

·         The Original Restriction: Rule 96(10) was originally brought in to prevent a "double benefit". It restricted exporters who had imported inputs without paying IGST (using concessional or exemption schemes) from exporting final goods on payment of IGST and claiming a subsequent tax refund.

·         The Council Shift: Due to widespread operational hardships faced by exporters, the GST Council recommended deleting this restriction. Consequently, the government prospectively omitted Rule 96(10) on October 8, 2024, via Notification No. 20/2024-Central Tax.

·         The Supreme Court Intervention: In a landmark ruling on August 6, 2026 (M/s Goodluck India Limited & Anr. v. Union of India & Ors.), the Hon'ble Supreme Court held that since the 2024 omission did not include a specific saving or sunset clause, it completely wiped out the rule for all pending proceedings. The apex court noted that Section 6 of the General Clauses Act, 1897, cannot save pending actions when an administrative rule is completely omitted without explicit statutory continuation.

·         Retrospective Resolution: Aligned with the Supreme Court order, the CBIC has officially instructed field tax formations that the omission of Rule 96(10) is fully effective retrospectively from October 23, 2017. Any pending show-cause notices, demands, or recovery proceedings initiated against exporters on account of Rule 96(10) violations are to be settled accordingly.

·         Extension to Rules 89(4A) & 89(4B): The circular establishes that this retrospective clean slate applies mutatis mutandis (identically) to the omission of Rules 89(4A) and 89(4B) as well, expanding the relief umbrella across older export refund disputes.

 

[GST Circular No. 264/10/2026-GST dated 26.10.2026]

Subject: Clarification in respect of the omission of rule 96 (10) of the Central Goods and Services Tax Rules, 2017.

Attention is invited to the decisions of various Courts on the issue of retrospective applicability of omission of rule 96(10) of the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as “the CGST Rules”). Doubts are being raised by the tax officers as well as taxpayers on the issue as to whether in view of these judgements the omission of sub- rule (10) of rule 96 of the CGST Rules, made w.e.f. 08.10.2024 vide notification No. 20/2024- Central Tax, dated 8.10.2024, is applicable retrospectively from 23.10.2017 (date from which it was brought into effect), as ruled by the Courts.

2.    The matter has been examined. In order to ensure uniformity in the implementation of the law across the field formations, the Board, in exercise of its powers conferred under sub- section (1) of section 168 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as “the CGST Act”) clarifies the issues as under.

3.    Rule 96(10) was introduced in the CGST Rules w.e.f. 23.10.2017, with the intention to prevent the double benefit to exporters, so that exporters who benefited from IGST exemption on procurement under specified notifications could not also claim IGST refunds on export of those goods. In the 54th meeting of the GST Council, held on 09.09.2024, in view of difficulty being faced by the exporters in respect of refund on exports due to restriction, imposed vide rule 96(10), in cases where benefit of the specified concessional / exemption notifications is availed on the inputs, rule 96(10) of the CGST Rules was omitted prospectively w.e.f. 08.10.2024 vide the CGST (Second Amendment) Rules, 2024 (notified vide notification No. 20/2024-GST dated 08.10.2024).

4.    Kind attention is drawn to the judgment dated 06.08.2026 passed by the Hon'ble Supreme Court in Special Leave Petition (Civil) No. 24550 of 2025, in the matter of M/s Goodluck India Limited & Anr. v. Union of India & Ors., along with other connected matters. The Hon'ble Supreme Court vide the said order, has held that in the absence of any saving clause or sunset clause accompanying the omission of rule 96(10) of the CGST Rules, the said omission applies to all proceedings pending as on the date of omission.

5.    In the matter of M/s Goodluck India Limited, Hon'ble Supreme Court has relied upon the Constitution Bench judgment in Kolhapur Canesugar Works Ltd. v. Union of India [(2000) 2 SCC 536], wherein it was held that section 6 of the General Clauses Act, 1897 does not apply to the omission of a rule. The Hon'ble Court reiterated that, where a rule is omitted, pending proceedings can continue only where there is an express provision for their continuance, or a legal device has been incorporated in the statute/rules to preserve such proceedings.

6.    In view of this decision of the Hon'ble Supreme Court, it is hereby clarified that the said omission of rule 96(10) of the CGST Rules will be effective retrospectively from 23.10.2017. Accordingly, the field formations are advised to deal with pending proceedings concerning rule 96(10) in accordance with the said judgment. It may also be noted that such a treatment shall apply, mutatis mutandis, in respect of omission of rules 89(4A) and 89(4B) as well.

7.    It is requested that suitable trade notices may be issued to publicize the contents of this Circular.

8.    Difficulty, if any, in the implementation of this Circular may be brought to the notice of the Board.