TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tax Authority Compelled to Refund Rs. 4,61,942 Input Tax Credit with 9% Interest for Erroneous Taxation</h1> <h3>Five Star Metals (P) Ltd. Versus State Tax Officer, Assistant Commissioner of Central Tax And Central Excise, Palakkad, The State of Kerala, Union Of India.</h3> The HC granted a writ of mandamus compelling the tax authority to refund Rs. 4,61,942 in wrongly paid input tax credit. The court ordered the refund with ... Refund of amount wrongly paid by the petitioner due to a mistake in input tax credit - HELD THAT:- It appears that the Authority has adopted highly technical approach in the matter. When the competent authority i.e. respondent No. 1, after verification of the documents and facts has found that the petitioner has not claimed the input tax credit for the value of the passenger vehicle in question and paid the tax amount demanded by Exts. P3 and P4, the petitioner is entitled to get refund of the amount paid by him. The approach of the Authority does not appear to be proper. The second respondent is directed to remit the amount of Rs. 4,61,942/- with interest at the rate of 9% with effect from 05.08.2020 i.e. date of the intimation by the first respondent to the second respondent. The principal amount and interest thereon is directed to be paid within a period of one month from today - petition allowed. The petitioner sought a writ of mandamus for the refund of Rs. 4,61,942 wrongly paid due to a mistake in input tax credit. The court directed the second respondent to refund the amount with 9% interest from the date of intimation.
TaxTMI 
TaxTMI 
