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Supreme Court

Supreme Court Sets Aside High Court Order in GST Case Due to Availability of Statutory Alternative Remedy. High Court Erred in Entertaining Writ Petition Under Article 226 of Constitution as No Exceptional Circumstances Like Breach of Fundamental Rights or Violation of Natural Justice Were Established, and Respondent Should Have Availed Remedy Under Section 107 of Central Goods and Services Tax Act, 2017.

3 Sep 2021

The dispute arose from a judgment of the High Court of Telangana dated 4 March 2020, which set aside the action of the Assistant Commissioner of State...

High Court

Bombay High Court Upholds Assessee in Tax Refund Interest Dispute: Interest under Section 244A Payable from Date of Tax Payment, Not Central Government Account Credit. Court Clarifies that Payment by Cheque to Authorized Agent Constitutes Payment upon Debit to Assessee's Account, Thus Interest Entire Month of Payment Even if Credited Later.

11 Aug 2011

The appeal before the Bombay High Court arose from a dispute regarding the date from which interest under section 244A of the Income Tax Act, 1961 is ...

High Court

High Court Orders Tax Authority to Refund Rs. 10.69 Crores to Petitioner. Court rules in favor of the Petitioner, mandates refund with interest due to improper adjustment of dues.

9 Jul 2024

The case of a tax refund dispute, the Petitioner sought the refund of Rs. 10,69,89,606/- for the year 2011-2012. The Respondents had adjusted this ref...

High Court

Bombay High Court Allows Writ Petition in Income Tax Refund Interest Case — Self-Assessment Tax Refund Eligible for Interest Under Section 244A(1)(b). Interest on refund of excess self-assessment tax paid under Section 140A is payable from the date of payment of such tax, not from the date of filing of return.

17 Nov 2014

The petitioner, Stock Holding Corporation of India Ltd., filed a writ petition challenging an order dated 28 September 1999 passed by the Commissioner...

High Court

Bombay High Court Allows Writ Petition Seeking Interest on Refund of TDS Under Section 244A of Income Tax Act — Mandamus Issued for Payment of Interest on Delayed Refund. CBDT Communication Denying Interest Held Contrary to Statutory Provisions and Quashed.

19 Jan 2016

The petitioner, M/s. Sunflag Iron & Steel Co. Ltd., a public limited company engaged in steel manufacturing, entered into an agreement with a German c...

High Court

Bombay High Court Directs Immediate Refund of Undisputed Income Tax Refund Under Section 168(1) of Income Tax Act, 1961 — Failure to Release Admitted Refund Despite Reminders Constitutes Arbitrary Action

18 Dec 2023

The petitioner, Group M Media India Private Limited, filed a writ petition before the Bombay High Court alleging failure by the respondents (income ta...

High Court

Bombay High Court Directs Refund of Admitted Amount in Income Tax Rectification Order — Petitioner Entitled to Refund of Rs.833 Crores Under Section 245 of the Income Tax Act, 1961. The court held that the revenue cannot retain the admitted refund amount and directed refund within four weeks, subject to verification.

26 Jun 2020

The petitioner, Vodafone Idea Limited, filed a Writ Petition before the Bombay High Court seeking a Writ of Mandamus for refund of Rs.1009,43,88,637/-...

High Court

Bombay High Court Allows Writ Petition for Interest on Refund Under Section 244A of Income Tax Act, 1961 — Petitioner Entitled to Interest from Date of Payment of Tax to Date of Refund. The court held that interest on refund is payable under Section 244A from the date of payment of tax to the date of refund when the refund arises due to an appellate order reducing the tax liability.

16 Jun 2023

The petitioner, M/s. J. K. Industries, a registered partnership firm engaged in ship breaking, filed its return of income for Assessment Year 1984-85 ...

High Court

Bombay High Court Disposes of Writ Petition Directing Expeditious VAT Refund Processing for Package Scheme Incentive Holder; Bank Guarantee Furnished Triggers One-Month Refund Obligation Under Section 51(5) of Maharashtra Value Added Tax Act, 2002. Holder of Certificate of Entitlement Under Package Scheme of Incentives Entitled to Refund Within One Month of Furnishing Bank Guarantee, Subject to Verificatory Process Not Being Delayed Indefinitely.

9 Feb 2012

The petitioner, a registered dealer under the Maharashtra Value Added Tax Act, 2002, and holder of an eligibility certificate under the Package Scheme...

High Court

Bombay High Court Directs Processing of Income Tax Return and Refund Under Section 143(1) Despite Pending Scrutiny Under Section 143(2) — CBDT Instruction No.1 of 2015 Quashed. The court held that the Assessing Officer cannot withhold refund merely because a scrutiny notice has been issued, as the provisions of Section 143(1) and 143(1D) are mandatory and independent of Section 143(2).

15 Oct 2016

The petitioner, M/s. Group M. Media India Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging the inaction of ...

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