If you export goods and your IGST refund was held up or questioned because of Rule 96(10) of the CGST Rules, 2017, there is important news. On 26 October 2026, CBIC issued Circular No. 264/10/2026-GST clarifying that the omission of Rule 96(10) will be effective retrospectively from 23 October 2017. Field officers have been told to deal with pending Rule 96(10) proceedings in line with the Supreme Court’s judgment in Goodluck India Limited.
Quick Answer
Is the omission of Rule 96(10) retrospective? Yes. As per CBIC Circular No. 264/10/2026-GST dated 26.10.2026, the omission of Rule 96(10) of the CGST Rules, 2017 is effective retrospectively from 23.10.2017. Pending proceedings must be decided in line with the Supreme Court’s Goodluck India judgment (06.08.2026). The same treatment applies to Rules 89(4A) and 89(4B).
Key Takeaways
- Rule 96(10) was omitted from 08.10.2024 by Notification No. 20/2024-Central Tax.
- CBIC now clarifies the omission is effective from 23.10.2017 (Circular 264/10/2026-GST, para 6).
- Basis: Supreme Court, Goodluck India Ltd., SLP (C) No. 24550 of 2025, dated 06.08.2026.
- Applies to proceedings pending on the date of omission; no automatic reopening of concluded cases is stated.
- Rules 89(4A) and 89(4B) receive the same treatment.
Key dates at a glance
| Date | What happened |
|---|---|
| 23.10.2017 | Rule 96(10) came into effect in the CGST Rules. |
| 09.09.2024 | 54th GST Council meeting recommended omitting Rule 96(10). |
| 08.10.2024 | Rule 96(10) omitted (prospectively) by the CGST (Second Amendment) Rules, 2024, Notification No. 20/2024-Central Tax. |
| 06.08.2026 | Supreme Court judgment in Goodluck India Ltd. v. Union of India, SLP (C) No. 24550 of 2025. |
| 26.10.2026 | CBIC Circular No. 264/10/2026-GST clarifies retrospective effect from 23.10.2017. |
What was Rule 96(10)?
According to the circular, Rule 96(10) was introduced from 23.10.2017 to prevent a double benefit. Exporters who had procured inputs with IGST exemption under specified notifications were not allowed to also claim a refund of IGST paid on export of those goods. In practice, this created real difficulty for exporters, and the GST Council at its 54th meeting decided to remove the restriction.
What does Circular 264/10/2026-GST clarify?
When the rule was omitted on 08.10.2024, it was done prospectively. Several courts later held that the omission should apply retrospectively, which led to doubts among both officers and taxpayers. Using its powers under Section 168(1) of the CGST Act, 2017, CBIC has now clarified that the omission of Rule 96(10) is effective retrospectively from 23.10.2017, and that pending proceedings must be handled in line with the Supreme Court’s judgment.
The Supreme Court ruling behind it: Goodluck India Limited
In its judgment dated 06.08.2026 in SLP (C) No. 24550 of 2025, M/s Goodluck India Limited & Anr. v. Union of India & Ors., the Supreme Court held that because the omission of Rule 96(10) carried no saving clause or sunset clause, the omission applies to all proceedings pending on the date of omission. The Court relied on the Constitution Bench decision in Kolhapur Canesugar Works Ltd. v. Union of India [(2000) 2 SCC 536], which held that Section 6 of the General Clauses Act, 1897 does not apply to the omission of a rule. When a rule is omitted, pending proceedings can continue only if there is an express provision or a legal device preserving them.
Rules 89(4A) and 89(4B) are covered too
Paragraph 6 of the circular states that the same treatment applies, mutatis mutandis, to the omission of Rules 89(4A) and 89(4B) of the CGST Rules. If you have a pending refund dispute under either of these rules, it should be reviewed in the same way.
What the circular does not say
The circular asks officers to deal with pending proceedings in line with the judgment. It does not say that concluded cases will be reopened automatically, and it does not promise an automatic refund of amounts already recovered. Whether you can get relief depends on the exact status of your case, so check it carefully before acting.
What exporters should check now (our practical guidance)
The steps below are Phoenix Tax Consultant™’s practical suggestions, not text from the circular.
First, find out which rule your notice or order relies on: Rule 96(10), 89(4A) or 89(4B). Next, check whether the proceeding was pending on 08.10.2024, whether that was a show cause notice, an adjudication, an appeal or a refund application. Then review the current stage of your notice, order or appeal. Finally, decide on the right response, such as a reply citing the circular and the Goodluck India judgment, or raising it in your pending appeal.
How Phoenix Tax Consultant™ can help in Tambaram, Chennai
Since 2016, Phoenix Tax Consultant™ in West Tambaram, Chennai has supported businesses with GST registration, returns, refunds and notice replies. We can review your Rule 96(10) notice or refund file, check whether it was pending on the date of omission, and prepare a well-grounded reply based on the circular. Call or WhatsApp 9940349819 or 8807258797, or email jai@phoenixtax.in.
Related Services in Tambaram, Chennai
Need help beyond this circular? See our GST Return Filing, GST Registration, GST Notice Reply and Tax Consultant services. Official references: GST Portal | CBIC Tax Information Portal.
Frequently Asked Questions (FAQs)
1. What is CBIC Circular No. 264/10/2026-GST about?
It clarifies that the omission of Rule 96(10) of the CGST Rules, 2017 is effective retrospectively from 23.10.2017, following the Supreme Court’s Goodluck India judgment.
2. When was the circular issued?
It was issued on 26 October 2026 by the GST Policy Wing of CBIC.
3. When was Rule 96(10) omitted?
It was omitted with effect from 08.10.2024 by Notification No. 20/2024-Central Tax dated 08.10.2024.
4. From which date does the omission now apply?
The circular clarifies that it is effective retrospectively from 23.10.2017, the date the rule originally came into force.
5. Which Supreme Court case is the basis?
M/s Goodluck India Limited & Anr. v. Union of India & Ors., SLP (C) No. 24550 of 2025, judgment dated 06.08.2026.
6. Does it apply to my pending refund case?
Officers are directed to deal with proceedings concerning Rule 96(10) that are pending in line with the judgment. Check whether your case was pending on the date of omission.
7. Will concluded cases be reopened automatically?
The circular does not say so. It also does not provide for automatic refund of amounts already recovered.
8. Are Rules 89(4A) and 89(4B) affected?
Yes. Paragraph 6 says the same treatment applies, mutatis mutandis, to the omission of Rules 89(4A) and 89(4B).
9. Why did the Supreme Court say the omission covers pending cases?
Because the omission had no saving or sunset clause, and Section 6 of the General Clauses Act, 1897 does not apply to the omission of a rule, as held in Kolhapur Canesugar Works Ltd.
10. Can Phoenix Tax Consultant™ help with my Rule 96(10) notice in Tambaram, Chennai?
Yes. We review notices, refund orders and appeal status and prepare replies based on the circular. Call or WhatsApp 9940349819.
About the author: Written by the GST team at Phoenix Tax Consultant™, No.10A, 2nd Floor, Rajendra Building, Duraisamy Pillai Street, West Tambaram, Chennai – 600045, serving businesses since June 2016. Last updated: 02 November 2026.
Source: CBIC Circular No. 264/10/2026-GST dated 26.10.2026 (F. No. CBIC-20001/2/2026-GST), paras 1–6. Available on the official CBIC portal: taxinformation.cbic.gov.in → GST → Circulars. This article is for general information; please consult us for advice on your specific case.
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