Citation : 2026 Latest Caselaw 293 J&K
Judgement Date : 3 February, 2026
2026:JKLHC-JMU:176-DB
Sr. No. 31
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case No. WP(C) No. 2477/2024
Date of Pronouncement:- 03.02.2026
Uploaded on:- 06.02.2026
Auqa Polymers Th. Vikas Chopra .... Petitioner(s)
Through:- Mr. Jatin Mahajan, Advocate.
V/s
Union of India and ors. .....Respondent(s)
Through:- Mr. Dheeraj Nanda, CGSC.
CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER(ORAL)
Sanjeev Kumar-J
1. Learned counsel appearing for the petitioner, at the outset,
placed reliance on the judgment of this Court dated 04.04.2025 passed in
WP(C) No. 2104/2022 titled, "Aqua Polymers Vs. Union of India and
ors." wherein the rejection of refund claim for the quarter July, 2021 to
September, 2021 and for the quarter January, 2022 to March, 2022 has
been held bad and contrary to the notification dated 05.10.2017.
2. Learned counsel submits that in the instant petition, the
refund claim pertains to different quarters, i.e., October, 2022 to
December, 2022, October, 2023 to December, 2023, April, 2023 to June,
2023, January, 2023 to March, 2023 and July, 2023 to September, 2023.
3. Having heard learned counsel for the parties and perused the
record, we are of the considered opinion that no fresh debate or hearing in
2026:JKLHC-JMU:176-DB
the matter is called for in view of the categoric statement made by learned
counsel for the petitioner that the instant case is fully covered by the
judgment dated 04.04.2025 (supra). Accordingly, this petition is disposed
of with a direction to the respondents to consider the refund claim
submitted by the petitioner for the quarters aforementioned by taking note
of the judgment dated 04.04.2025 passed in WP(C) No. 2104/2023 (supra)
and the Circular of Government of India of July, 2025, whereby a
clarification with respect to DPIIT Notification dated 05.10.2017
regarding Budgetary Support Scheme has been issued. The claims shall
be considered in the manner aforesaid within a period of four weeks from
the date of receipt of a certified copy of this order, with an intimation in
writing to the petitioner.
4. Disposed of accordingly.
(Sanjay Parihar) (Sanjeev Kumar)
Judge Judge
JAMMU
03.02.2026
Ram Krishan
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