Unjust enrichment: show tax or interest was not passed on to others to secure a refund; small claims allow self declaration. To rebut the principle of unjust enrichment, the claimant must submit with the refund application documents or evidence establishing that the tax, interest, or related amount for which refund is claimed was not passed on to any other person under section 38(3)(b); for smaller refund claims a self declaration may substitute for documentary proof.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Unjust enrichment: show tax or interest was not passed on to others to secure a refund; small claims allow self declaration.
To rebut the principle of unjust enrichment, the claimant must submit with the refund application documents or evidence establishing that the tax, interest, or related amount for which refund is claimed was not passed on to any other person under section 38(3)(b); for smaller refund claims a self declaration may substitute for documentary proof.
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