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Search Results for "interest refund"

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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...

High Court

Bombay High Court Allows Refund of Stamp Duty Paid on Agreement for Sale That Did Not Materialize Due to Market Downturn. Petitioner entitled to refund under Sections 47 and 48 of Maharashtra Stamp Act, 1958 as instrument was not followed by conveyance and no fraud or misrepresentation was involved.

23 Aug 2022

The Petitioner, M/s Shweta Infrastructure and Housing (I) Pvt. Ltd., entered into an agreement for sale on 29 September 2014 with the Khatib family fo...

High Court

Karnataka High Court Allows Refund of Service Tax Paid by Non-Resident for Period Prior to Amendment — Unjust Enrichment Not Applicable. Service Tax Liability for Period 10.09.2004 to 31.12.2004 Not Attracted as Reverse Charge Mechanism Introduced Only from 01.01.2005 Under Finance Act, 1994.

11 Mar 2015

The appellant, M/s Madura Coats Pvt. Ltd., a non-resident service provider, had paid service tax for the period 10.09.2004 to 31.12.2004 under the Fin...

High Court

Karnataka High Court Allows Refund of Excess Stamp Duty Paid by Company in Stamp Duty Refund Case — Respondents Directed to Refund Rs.10,11,810/- with Interest. Petitioner Entitled to Refund Under Section 48 of Karnataka Stamp Act, 1957 as Claim Was Within Limitation and Excess Payment Admitted.

22 Aug 2017

The petitioner, Dalmiya Cement Venture Limited, a public limited company registered under the Indian Companies Act, 1956, got registered several lands...

High Court

Bombay High Court Allows Writ Petition Against Adjustment of Refund Without Proper Notice Under Section 245 of Income Tax Act, 1961. Adjustment of refund against alleged outstanding demand quashed for lack of prior intimation and violation of natural justice.

9 Aug 2021

The petitioner, Jet Privilege Private Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certior...

Supreme Court

Supreme Court Allows Refund of Stamp Duty in Consumer Dispute, Overturns High Court's Limitation Bar. Stamp Duty Refund Application Not Barred by Six-Month Limitation Under Section 48(3) of Maharashtra Stamp Act, 1958 When Stamp Paper Purchased Bona Fide and Transaction Failed Due to Judicial Order from National Consumer Disputes Redressal Commission.

24 Sep 2021

The dispute originated from the appellant's booking of a residential apartment in Pune in 2014, where he paid stamp duty for an agreement to sell. A d...

High Court

Bombay High Court Allows Refund of Stamp Duty for Unconsummated Transactions Under Section 49 of Maharashtra Stamp Act, 1958. Petitioner's applications for refund were within limitation period and refusal by authorities was arbitrary.

21 Sep 2023

The petitioner, Vilas Eknath Nandgude, filed six writ petitions challenging orders dated 31 December 2019 passed by the Deputy Inspector General of Re...

High Court

Bombay High Court Allows Refund Claim Under CGST Act Despite Previous Sanction for Overlapping Period. Second refund application for a specific month within a previously covered quarter is maintainable as the earlier sanction did not adjudicate the claim for that month.

22 Apr 2026

The petitioner, Valmet Flow Control Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 3 April...

High Court

Bombay High Court Allows GST Refund Claim for Export of Services, Holds That Unjust Enrichment Provisions Do Not Apply When Tax Incidence Is Not Passed On to Any Person in India. The Court interpreted Section 54(8)(d) of CGST Act, 2017 and held that in case of export of services, the foreign client is not a 'person' for the purpose of unjust enrichment, and the refund cannot be rejected on that ground.

9 Jun 2022

The petitioner, Jar Productions Private Limited, is a company incorporated under the Companies Act, 2013, engaged in providing production services to ...

High Court

Bombay High Court Allows Cash Refund of CENVAT Credit Under Section 11B(2) Proviso (c) When Credit Cannot Be Utilized Due to Exempted Final Products. The court held that clause (c) to the proviso of section 11B(2) of the Central Excise Act, 1944 permits cash refund of credit on inputs where the assessee is unable to utilize such credit, overruling the contrary view in Commissioner of Central Excise vs. Jain Vanguard Polybutylene Ltd.

14 Jun 2019

The Full Bench of the Bombay High Court was constituted to resolve a conflict regarding the interpretation of clause (c) to the proviso of section 11B...

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