Aurobindo Pharma Faces ₹169.84 Crore GST Demand Over Alleged Erroneous Refunds
Aurobindo Pharma faces a ₹169.84 crore GST demand from the Additional Commissioner of Central Tax, Ranga Reddy GST Commissionerate, over alleged erroneous ITC refunds from its EOU Unit 3 during September-December 2022. The disputed amount includes ₹84.92 crore in GST and an equal penalty. The company maintains no material financial impact and will appeal the decision, citing pending Writ Petitions in Telangana High Court and favorable Karnataka High Court precedent in similar cases.

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Aurobindo Pharma Limited has received orders from the GST Department demanding recovery of refunds totaling ₹169.84 crore, related to alleged erroneous Input Tax Credit (ITC) refunds claimed by the company's Export Oriented Unit (EOU) Unit 3 during September 2022 to December 2022.
GST Department Orders and Disputed Amount
The Additional Commissioner of Central Tax, Ranga Reddy GST Commissionerate, Hyderabad, passed four orders under the Central Goods and Services Tax Act, 2017, alleging erroneous refund of accumulated ITC under Rule 89 of CGST Rules. The company received these orders on February 18, 2026.
| Parameter: | Details |
|---|---|
| Total Disputed Amount: | ₹169,83,61,326 |
| GST Amount: | ₹84,91,80,663 |
| Penalty: | ₹84,91,80,663 |
| Period: | September 2022 to December 2022 |
| Number of Orders: | 4 Orders |
Nature of Dispute
The dispute centers around Aurobindo Pharma's EOU Unit 3, which claimed refund of accumulated ITC for zero-rated supply of goods made without payment of tax under Letter of Undertaking (LUT). The GST Department initially sanctioned these refunds after verifications, considering the company's declaration that there were no domestic supplies of exported goods from the unit.
However, the Department later challenged the refund sanction orders before the Additional Deputy Commissioner (Appeals, Hyderabad), stating that similar products exist in the domestic market manufactured by other manufacturers. The Department argued that the refund sanctioning authority failed to consider the value of these similar products while determining the eligible refund amount.
Legal Proceedings and Company's Position
The Additional Deputy Commissioner (Appeals) passed an Order-in-Appeal (OIA) in favor of the GST Department in 2023. In response, Aurobindo Pharma has filed Writ Petitions against the OIA and challenged the validity of Rule 89(4)(C) of the CGST Rules in the Telangana High Court. These petitions remain pending for disposal.
The company contends that it does not have domestic supplies of goods exported from its EOU Unit 3, with only scrap sales occurring domestically. Aurobindo Pharma argues that even if the value of goods available in the domestic market is considered, the eligible ITC refund would not significantly impact the refund already sanctioned.
Regulatory Context and Precedent
A significant legal precedent supports the company's position. The Karnataka High Court in the case of M/s. Tonbo Imaging India Pvt Ltd (Writ Petition No. 13185 of 2020, decided on February 16, 2023) quashed the condition of comparing domestic value of like goods with exported goods, holding it as ultra vires the provisions of the Central Goods and Services Tax Act, 2017.
Financial Impact and Next Steps
Aurobindo Pharma has stated that there is no material impact on the company's financials or operations due to these orders. The Department issued protective demand Show Cause Notices (SCNs) for the months September 2022 to December 2022 to safeguard revenue.
The company plans to file an appeal before the Commissioner of Central Tax (Appeals), Hyderabad, as the Department confirmed the demand along with interest and imposed an equal penalty without adequately considering the company's reply.
Historical Stock Returns for Aurobindo Pharma
| 1 Day | 5 Days | 1 Month | 6 Months | 1 Year | 5 Years |
|---|---|---|---|---|---|
| +1.02% | +2.16% | -0.11% | +7.54% | +0.69% | +28.49% |

































