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Search Results for "cess refund"

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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 Cess Paid Under Protest in Excise Matter — Unjust Enrichment Principle Not Applicable to Cess Under IDR Act. Section 11-B of Central Excise Act Held Inapplicable to Cess Collected Under Industries (Development and Regulation) Act, 1951, and Refund Directed with Interest.

26 Apr 2005

The petitioners, Shree Vidhya Paper Mills and Mr. Rameshwarlal Motilal, filed a writ petition in the Bombay High Court seeking refund of Rs. 10,19,246...

High Court

Bombay High Court Allows Department's Appeal in Central Excise Refund Case — Limitation Period Under Section 11B Is Mandatory and Unjust Enrichment Applies to Pre-deposit Refunds. The court held that the one-year limitation for refund claims cannot be extended and the claimant must prove no passing of duty burden.

8 Mar 2024

The case involves two connected matters: an appeal by the Commissioner of CGST & Central Excise, Thane Rural, against an order of the Customs, Excise ...

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

High Court of Karnataka Allows Refund of Cess Paid Along with Lifetime Tax on Scrapped Vehicle — Cess Refundable Under Section 7(2) of Karnataka Motor Vehicles Taxation Act, 1957 When Registration Cancelled Due to Accident. The court held that cess is part of tax and refundable proportionately upon cancellation of registration due to scrapping.

27 Jun 2017

The appellant, Synergy Universal Pvt. Ltd., owned an Audi Q5 car registered as KA 05 MP 5006 on March 28, 2014. At the time of registration, the appel...

High Court

Bombay High Court Quashes Show Cause Notice in Service Tax Case Due to Inordinate Delay and Lack of Jurisdiction. Refundable deposit received from SEZ developer not taxable as service, and 10-year delay in issuing SCN violates principles of natural justice.

25 Jul 2023

The petitioner, Coventry Estates Pvt. Ltd. (formerly S and H Services Pvt. Ltd.), was engaged in construction of a residential complex in a Special Ec...

High Court

High Court of Karnataka Allows Refund of Cess/Additional Stamp Duty Paid Under Protest — Levy of 10% Cess on Maximum Stamp Duty Held Unauthorized Under Karnataka Stamp Act, 1957 and Karnataka Cess on Stamp Duty Act, 1962. Division Bench directs refund of ₹2.5 crores with interest at 6% per annum from date of payment.

6 Aug 2025

The appellant, Prestige Exora Business Parks Limited, filed an intra-court appeal against an order dated 27.01.2025 passed by a learned Single Judge o...

High Court

Bombay High Court Orders Refund of Rs.56 Crore Service Tax Deposit Retained Without Authority of Law. Petitioner Bank's deposit made under protest to buy peace on interchange income cannot be retained without show cause notice or adjudication order.

8 Nov 2023

The petitioner, The Hongkong and Shanghai Banking Corporation Ltd., filed a writ petition under Article 226 of the Constitution challenging the retent...

High Court

Bombay High Court Dismisses Petition Challenging Cess on Carbon Dioxide Transport Under Goa Rural Improvement And Welfare Cess Act, 2000 — Petitioner Not Entitled to Refund as Cess Act and Rules Upheld as Valid. The Court held that the earlier decision in Sociedade de Fomento Industrial Private Limited v. State of Goa & Others is binding, and the petitioner cannot seek refund of cess collected.

21 Jul 2023

The petitioner, Sicgil India Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the imposition of cess...

High Court

High Court of Judicature at Bombay Considers Whether Petitioner is Entitled to Refund of Unutilized Input Tax Credit Under GST Laws. The Court Examines Whether the Petitioner Company Supplying Services to Foreign Group Companies Qualifies as an 'Agent' Under Section 2(5) of CGST Act.

16 Jun 2025

The writ petition under Article 226 of the Constitution of India challenged two Orders-in-Appeal dated 10.08.2023 passed by the Deputy Commissioner of...

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