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Search Results for "tax refund"

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High Court

High Court Quashes Tax Refund Adjustment Order for Violation of Settlement Scheme and Natural Justice. Adjustment of refund for one tax period against demand for another under proviso to Section 50(1) of Maharashtra Value Added Tax Act, 2002 held invalid when petitioner had applied under Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fees Act, 2023 and no defect notice was issued.

12 Mar 2026

The dispute involved a proprietorship concern registered under the Maharashtra Value Added Tax Act, 2002 challenging a settlement order dated 18 April...

High Court

Madras High Court Allows Assessee's Refund Claim Under Finance Act, 2017, Rejecting Limitation Plea of Revenue. Refund Application for Service Tax on Long-Term Lease of Industrial Plots Held Timely as Limitation Commences from Date of SIPCOT Certificate, Not from Date of President's Assent Under Section 104 of Finance Act, 2017.

14 Jul 2026

The appeal arose from the rejection of a refund claim under the Finance Act, 2017, concerning service tax paid on the upfront amount (premium) for a l...

High Court

Bombay High Court Quashes ITAT's Interim Refund Order in Pending Appeal — Tribunal Cannot Direct Refund Without Adjudicating Merits Under Income Tax Act, 1961. The court held that the Income Tax Appellate Tribunal lacks jurisdiction to grant interim relief without hearing the main appeal, as it would render the appeal infructuous and cause prejudice to the revenue.

4 Feb 2014

The Director of Income Tax (Exemption), Mumbai, filed a writ petition challenging an order dated 25 November 2013 passed by the Income Tax Appellate T...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Refund Claim Under CGST Act — Petitioner Entitled to Refund of Excess Tax Paid Due to Inadvertent Double Filing of GST Returns. The court held that the rejection of the refund claim by the appellate authority was unsustainable and directed the respondents to process the refund within eight weeks, subject to verification of no unjust enrichment.

20 Feb 2024

The petitioner, an individual, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 28 December 2022 passed...

High Court

Bombay High Court Allows Writ Petition Challenging Form-3 Under Direct Tax Vivad Se Vishwas Act, 2020 for Assessment Year 2003-2004 — Designated Authority Directed to Recompute Amount Payable After Considering Refund Already Paid. The Court held that the Designated Authority must consider refunds paid under Section 244A of the Income Tax Act, 1961 while computing the amount payable under the DTVSV Act, and apply the principle of set off under Section 245 of the IT Act.

25 Aug 2021

The Petitioner, Cooperative Rabobank U.A., a bank established in the Netherlands and part of the Rabobank Group, is a regular assessee under the Incom...

High Court

Bombay High Court Allows Condonation of Delay in Filing Income Tax Return for Refund Claim. CBDT's Rejection of Condonation Application Set Aside as Reasons for Delay Were Genuine and Not Habitual.

3 Dec 2014

The petitioner, Artist Tree Pvt. Ltd., engaged in dealing in artifacts and finances, filed a return of income for Assessment Year 1997-1998 on 14 Sept...

High Court

Bombay High Court Allows Interest on Refund of Service Tax Paid in Anticipation of Import of Services — Section 11BB of Central Excise Act, 1944 Mandates Interest from Date of Refund Claim. Petitioner deposited service tax but did not receive RBI permission for remittance; refund claim filed on 27 April 2006; Deputy Commissioner disallowed interest; High Court held interest payable from date of refund claim under Section 11BB.

6 Jun 2011

The Petitioner, Shroff United Chemicals Limited, deposited Rs.1.02 Crores as service tax on 31 March 2006 in anticipation of importing intellectual pr...

High Court

Bombay High Court Allows Writ Petition Challenging Denial of Interest on Refund Under Section 214 of Income Tax Act, 1961 — Held That Interest Is Mandatory and Must Be Paid on Entire Refund Amount from Date of Payment of Advance Tax.

10 Aug 2005

The petitioner, M/s. Godrej & Boyce Mfg. Co. Ltd., filed a writ petition challenging the order dated 14.6.1988 passed by the Commissioner of Income Ta...

High Court

Bombay High Court Directs Assessment of VAT Refund Claims for Three Proprietary Concerns Under Section 48(6) of MVAT Act, 2002. Court Orders Finalization of Assessment for 2007-08 Within Three Months to Enable Set Off or Refund of Excess Input Tax Credit.

4 Feb 2015

The petitioners, three proprietary concerns, filed writ petitions before the Bombay High Court at Nagpur Bench seeking a direction to the respondents ...

High Court

Bombay High Court Allows Appeal of Assessee in Income Tax Refund Interest Case — Refund Arising from Appellate Order Reducing Income Below Returned Income Qualifies for Interest Under Section 244A(1)(a) Irrespective of 10% Threshold. The court held that the ITAT erred in applying Section 244A(1)(b) to a refund resulting from an order giving effect to the CIT(A)'s order, and directed computation of interest from the date of payment of excess tax.

9 Feb 2024

The appellant, Ceat Limited, filed an appeal under Section 260A of the Income Tax Act, 1961 against an order of the Income Tax Appellate Tribunal (ITA...

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