High Court Quashes Rejection of Export Remittance Condonation for Lack of a Reasoned Order

By | March 21, 2026

High Court Quashes Rejection of Export Remittance Condonation for Lack of a Reasoned Order

In a March 2026 ruling, the High Court intervened in a dispute involving the delayed receipt of export remittances. The court emphasized that administrative “notes” on a file cannot replace a formal, reasoned order passed after a personal hearing, especially when a taxpayer’s Zero-Rated status is at stake.


The Legal Dispute: Rule 96A and the Delay in Foreign Remittance

The Context

Under Rule 96A(1)(b), an exporter of services under a Letter of Undertaking (LUT) must receive the export proceeds in convertible foreign exchange within one year from the date of the invoice. If the payment is delayed, the exporter is technically liable to pay GST with interest. However, the Commissioner has the power to condone such delays if sufficient cause is shown.

The Issue

The petitioner, an exporter of services, faced a delay in receiving payments and applied for a condonation of delay. The request was summarily rejected via a brief communication. The petitioner challenged this, arguing that:

  1. There is no statutory “time limit” for a taxpayer to apply for such a condonation.

  2. The rejection was a mere administrative communication rather than a legal adjudication.


The Decision: “Internal Notes” Are Not “Legal Orders”

The High Court ruled in favour of the assessee (Remand), identifying a major procedural breakdown in the Department’s handling of the case:

  • Absence of a Formal Order: Upon examining the Department’s records, the Court found that the Commissioner had not actually passed a formal order. The file contained only a “note” by the Joint Commissioner (Legal) which was simply endorsed by the Commissioner.

  • Failure of Natural Justice: The Court noted that no personal hearing was granted to the petitioner to explain the reasons for the delay in receiving foreign currency.

  • Lack of Reasoning: An administrative decision that affects a taxpayer’s right to Zero-Rated benefits must be “speaking”—meaning it must address the specific facts and grounds raised by the petitioner.

  • The Outcome: The Court set aside the rejection and remitted the matter back to the Excise and Taxation Commissioner for a fresh decision after affording the petitioner a proper hearing.


Key Takeaways for Service Exporters

  • The One-Year Rule: Monitor your invoices closely. If foreign remittance hasn’t arrived within 12 months, you should proactively prepare a condonation application rather than waiting for a Departmental notice.

  • Condonation is a Right to be Heard: This ruling reinforces that the Commissioner’s power to extend the time limit is a quasi-judicial function. They cannot reject your request through a back-office note; they must provide you with an opportunity to explain your case.

  • Grounds for Delay: Valid grounds for condonation often include banking delays, contractual disputes with the foreign client, or economic instability in the recipient’s country. Ensure these are documented with correspondence.

  • No Expiry on Requests: As noted by the petitioner, the law does not set a deadline on when you can ask for a condonation, as long as the underlying export was genuine and the money eventually arrives in convertible foreign exchange.


Summary of the Condonation Process under Rule 96A

If export proceeds are not received within one year, the exporter must either pay the GST or apply for an extension. The Commissioner then evaluates the reasons for the delay. This ruling confirms that this evaluation must be a formal process involving a personal hearing and a written, reasoned order. If the Commissioner grants the extension, the “Zero-Rated” status of the supply is preserved, and no GST is payable.

HIGH COURT OF PUNJAB AND HARYANA
Huawei Telecommunications (India) Company (P.) Ltd.
v.
Excise and Taxation Commissioner*
MRS. LISA GILL and RAMESH CHANDER DIMRI, JJ.
CWP No. 12784 of 2022
FEBRUARY  6, 2026
Tarun Gulati, Sr. Adv., Kishore Kunal and Rishab Singla, Advs. for the Petitioner. Sourabh Goel, Sr. Standing Counsel and Ms. Geetika Sharma, Adv. for the Respondent.
ORDER
Mrs. Lisa Gill, J.- Prayer in this writ petition is for setting aside order dated 24.05.2022 (Annexure P-1) passed by respondent No. 1 whereby petitioner’s request for condonation of delay on receipt of remittance in convertible foreign exchange against export of services in terms of Rule 96A(l)(b) of Central Goods and Services Tax Rules, 2017, has been rejected
2. Various arguments have been raised by learned counsel for petitioner including the one that there has been no consideration whatsoever of the grounds as raised by petitioner inasmuch as there is no time limit for seeking condonation of delay in receipt of exports remittance. Furthermore, there is no such time limit in the Statute prescribing the period for remittance. It is further submitted that in any case, authority had to be cognizant of period in question wherein there was an outbreak of pandemic COVID-19.
3. However, at this juncture without considering the arguments as above, we note that a perusal of impugned “order” dated 24.05.2022 indicates that the same is only a communication and intimation of order, purportedly passed by Excise and Taxation Commissioner rejecting petitioner’s application/ representation. This is admittedly a communication sent by Additional Excise and Taxation Commissioner (GST) for Excise and Taxation Commissioner, Panchkula. Relevant part of communication reads as under:-
” The matter has been examined and the Excise and Taxation Commissioner has rejected your application/representation on both the counts above for condonation of delay on receipt of remittance in convertible foreign exchange against the export of services as per Rule 96A of CGST Rules, 2017.”
4. In view of above, learned counsel for the Department was called upon to produce copy of the order which was actually passed by Excise and Taxation Commissioner. In compliance thereof, original record has been produced before us today.
5. Learned counsel for respondents is unable to deny that no order as such has been passed by Excise and Taxation Commissioner. There is a detailed note dated 19.05.2022 by Joint Commissioner (Legal) which has been endorsed by the Commissioner noting his agreement thereto. It is apparent that no order has been passed by Excise and Taxation Commissioner in accordance with law after considering the facts, circumstances and issues involved after affording an opportunity of hearing to petitioner.
6. Keeping in view the admitted position as above, matter is remitted to the Excise and Taxation Commissioner to consider the same after affording due opportunity to petitioner in accordance with law and taking into consideration all the grounds as raised by petitioner.
7. Writ petition is, accordingly, disposed of.
Category: GST

About CA Satbir Singh

Chartered Accountant having 12+ years of Experience in Taxation , Finance and GST related matters and can be reached at Email : Taxheal@gmail.com