Search Results for "Refund adjustment"

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Search Results for "Refund adjustment"

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Supreme Court

Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

13 Dec 2024

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

High Court

Bombay High Court Allows Writ Petition Against Unlawful Adjustment of Income Tax Refund Without Prior Intimation Under Section 245 of the Income Tax Act, 1961. The court held that adjustment of refund without prior intimation is illegal and directed refund with interest.

27 Jun 2023

The petitioner, Bharat Petroleum Corporation Limited, a public sector undertaking, filed a writ petition under Article 226 of the Constitution before ...

Supreme Court

Supreme Court Dismisses Manufacturer's Appeal in Rebate Claim Case Due to Limitation Under Section 11B of Central Excise Act. Rebate of duty on exports is governed by the limitation period prescribed under Section 11B, as 'refund' includes 'rebate' under Explanation (A) to that section.

29 Nov 2022

The appellant, Sansera Engineering Limited, a manufacturer of excisable goods, exported goods between August 2015 and October 2015 and filed claims fo...

High Court

Bombay High Court Allows Writ Petition Challenging Adjustment of Refund Without Notice Under Section 245 of Income Tax Act, 1961. Refund for Assessment Year 2008-09 Adjusted Against Alleged Demands for 2014-15 and 2015-16 Without Prior Intimation to Assessee.

18 Jul 2022

The petitioner, Greatship (India) Limited, filed a writ petition challenging the action of respondent No.2 (Centralised Processing Centre) in adjustin...

Supreme Court

Supreme Court Allows Appeal in Contract Refund Dispute — Interest on Principal Not Payable from Date of Deposit When Contract Not Void or Breached. Gujarat Maritime Board Not Liable to Pay Interest for Period Before Abandonment of Contract Under Indian Contract Act, 1872.

24 Nov 2020

The Supreme Court allowed the appeal filed by the Chief Executive Officer and Vice Chairman, Gujarat Maritime Board, against the judgment of the Gujar...

High Court

Bombay High Court Quashes Provisional Attachment and Stay Rejection in Income Tax Case — Violation of Natural Justice and CBDT Circular. Petitioner's Bank Accounts Attached Without Prior Hearing; Court Directs Restoration of Status Quo Pending Appeal.

26 Mar 2019

The petitioner, Milestone Real Estate Fund, a real estate fund, challenged the provisional attachment of its assets under Section 281B of the Income T...

High Court

Bombay High Court Quashes Provisional Attachment and Orders Stay of Recovery in Income Tax Case — Violation of Natural Justice and Non-Compliance with CBDT Circular. The Assessing Officer's failure to record reasons and provide hearing under Section 281B, and ignoring CBDT Circular on stay of demand, led to setting aside of attachment and recovery proceedings.

26 Mar 2019

The Petitioner, Milestone Real Estate Fund, a trust, challenged the provisional attachment order dated 18.12.2018 under Section 281B of the Income Tax...

High Court

Bombay High Court Allows Writ Petition Challenging CBDT Circular Denying Adjustment of TDS Against Tax Payable Under Voluntary Disclosure Scheme. Circular No. 755 dated 25-07-1997 Held Ultra Vires as It Imposed Restriction Not Found in Finance Act, 1997 or Income Tax Act, 1961.

10 Mar 2017

The petitioner, Earnest Business Services Pvt. Ltd., a company incorporated under the Companies Act, 1956, and its director, filed a writ petition und...

High Court

Bombay High Court Directs Customs to Refund Sale Proceeds with Interest Following Settlement Commission Order. Failure to Implement Settlement Order Within Reasonable Time Amounts to Unjust Enrichment and Arbitrary Action Under Article 226.

3 Apr 2013

The Petitioner, Vishnu M. Harlalka, approached the Bombay High Court under Article 226 of the Constitution seeking implementation of an order dated 9 ...

High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Income Tax Case — Prima Facie Adjustment Under Section 143(1)(a) Cannot Include Provision for Doubtful Debt. The ITAT was right in holding that adjustment for provision for doubtful debt is outside the ambit of prima facie adjustment under Section 143(1)(a) of the Income Tax Act, 1961.

28 Jun 2011

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which deleted a prima faci...

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