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High Court

Bombay High Court Allows Refund of Stamp Duty Despite Delay in Filing Application Under Section 48(1) of Maharashtra Stamp Act. Limitation Bars Remedy Not Right, State Cannot Retain Double Stamp Duty on Same Transaction.

27 Aug 2024

The petitioner, Nanji Dana Patel, entered into a development agreement with Keshav Krishanlal Syngal on 3 March 2014, paying stamp duty of Rs.78,65,00...

High Court

Bombay High Court Allows Refund Claim Despite Non-Electronic Filing in GST Case — Circular Cannot Override Statutory Provisions. Refund application filed manually under Section 54 of CGST Act, 2017 held valid as Circular No. 125/44/2019-GST requiring electronic filing is directory, not mandatory.

14 Feb 2022

The petitioners, C.P. Ravindranath Menon and Sindhu Ravindranath Menon, filed a writ petition under Article 226 of the Constitution of India before th...

Supreme Court

Supreme Court Allows State's Appeal in Sales Tax Refund Case Due to Lack of Review Power Under Original Section 13 of C.P. and Berar Sales Tax Act. Assessment Order Remained Binding Unless Set Aside in Appeal or Revision; Dealer Cannot Compel Refund Contrary to Subsisting Order.

2 Dec 1965

The dispute arose under the C.P. and Berar Sales Tax Act, 1947. The respondent, Haji Hasan Dada, a dealer in yam, was assessed to sales tax on his tur...

Supreme Court

Non-Compliance with Section 38(3)(a)(ii) Delhi Value Added Tax Act, 2004, : Unjustified Retention of Refund Amounts

1 May 2024

Examining the violation of refund processing timeline and the implications on the adjustment of default notices. The case revolves around the issue o...

High Court

High Court of Karnataka Allows Writ Petition Seeking Refund of Pre-deposit in VAT Matter — Mandamus Issued for Release of Rs. 16,11,19,226/- and Interest on Delayed Refund. Petitioner entitled to refund of pre-deposit amount with interest under Article 226 of the Constitution of India.

16 Jul 2025

The petitioner, M/s. Flipkart India Private Limited, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus d...

High Court

High Court Allows Writ Petition for Refund of IGST on Ocean Freight -- Sets Aside Appellate Order Directing Limitation Verification -- Reliance on Precedents for Mistake of Law Refunds

16 Jan 2026

The petitioners imported fertilizers on CIF basis, paying IGST on ocean freight under reverse charge mechanism as per RCM Notification No.10/2017. Aft...

High Court

Bombay High Court Allows Refund of Unutilized Input Tax Credit for Export of Services Under IGST Act — Rejects Revenue's Contention of Non-Compliance with Pre-Audit Requirement. The court held that rule 96(10) of CGST Rules applies only to refund of integrated tax paid on export, not to refund of unutilized input tax credit under section 54 of CGST Act.

8 Mar 2021

The petitioner, BA Continuum India Pvt. Ltd., is a company incorporated under the Companies Act, 1956, engaged in providing information technology and...

High Court

Bombay High Court Directs Designated Authority to Revise Form-3 Under Direct Tax Vivad Se Vishwas Act, 2020 to Give Credit for Taxes Paid Under Income Declaration Scheme, 2016. Designated Authority's Refusal to Adjust Amount Already Paid by Assessee Under IDS, 2016 While Computing Amount Payable Under DTVSV Act Held to Be Contrary to the Object of the Settlement Scheme.

4 May 2023

The petitioner, Sunil Wamanrao Sakore, filed a writ petition before the Bombay High Court seeking a writ of mandamus to direct respondent No.2 (Commis...

High Court

Bombay High Court Allows Interest on Refund Under Section 244A(1)(a) of Income Tax Act, 1961 — Refund Arising from Appellate Order Reducing Income Below Returned Income Qualifies for Interest Irrespective of 10% Threshold. The court held that Section 244A(1)(a) applies to refunds of advance tax, TDS, and self-assessment tax, and interest is payable from the date of payment, not from the date of assessment.

9 Feb 2024

The appellant, Ceat Limited, filed an appeal under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribuna...

Supreme Court

Supreme Court Upholds Tax Authorities in Income Tax Case Regarding Refund of Excess Profits Tax. Repayment of excess profits tax received by a company in England deemed income under Section 11(14) of Indian Finance Act, 1946, irrespective of territorial source.

16 Mar 1959

The appellant, McGregor & Balfour Ltd., a company incorporated in the United Kingdom with its head office there, also carried on business in India. In...

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