Search Results for "Refund Recovery"

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Search Results for "Refund Recovery"

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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

High Court Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Court Fees Act, 1870 Section 13. The Debt Recovery Tribunal has inherent power to order refund of court fees under Section 13 of the Court Fees Act, 1870 when the main petition is disposed of as infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

High Court

High Court of Karnataka Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Section 16 of the Court Fees Act, 1870 Applicable. The court held that the DRT erred in rejecting the refund application without considering Section 16 of the Court Fees Act, 1870, which provides for refund when a case becomes infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India before...

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...

Supreme Court

Supreme Court Allows Appeal of Taxpayer Against Non-Processing of Income Tax Returns and Refund Claims. Mandamus Issued to Process Returns Under Section 143(1) Within Four Weeks, Subject to Section 143(1D) and Section 241A of the Income Tax Act, 1961.

1 Jan 2020

The appellant, Vodafone Idea Ltd. (formerly Vodafone Mobile Services Ltd), is a telecommunications company that filed income tax returns for Assessmen...

Supreme Court

Supreme Court Considers Whether Refund Claim Under Customs Act Requires Appeal Against Assessment Order. Self-Assessment Under Section 17 and Amendment to Section 27 by Finance Act 2011 Examined.

18 Sep 2019

The Supreme Court heard a batch of appeals filed by assessees and the Union of India against judgments of various High Courts and the Customs, Excise ...

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...

High Court

Bombay High Court Allows Customs Appeal on Limitation Issue — Show Cause Notice Held Time-Barred. The relevant date for computing limitation under Section 28 of the Customs Act, 1962 for recovery of duty in case of provisional assessment is the date of refund order or refund cheque, not the date of credit into government treasury.

1 Mar 2006

The appellant, M/s Gujarat Alkalies & Chemicals Limited, filed an appeal under Section 130 of the Customs Act, 1962 against the order of the Customs, ...

High Court

Bombay High Court Dismisses Revenue's Appeal in Central Excise Refund Case. Principles of Unjust Enrichment Under Section 11B of Central Excise Act, 1944 Not Applicable to Refund Arising on Finalisation of Provisional Assessment.

20 Dec 2005

The Commissioner of Central Excise, Mumbai II appealed against the order of the appellate authorities below which allowed the refund claim of M/s. Sta...

High Court

Bombay High Court Allows Assessee's Reference in Sales Tax Classification Case — PVC Pipes Not Agricultural Machinery. Assessee Entitled to Refund of Excess Tax Collected Under Bombay Sales Tax Act, 1959.

19 Aug 2005

The case involves two sales tax references under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the assessee, M/s. Patankar Broth...

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