Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Refund of service tax collected from incorporated members' clubs for periods after the levy was held ultra vires could not be rejected merely as time-barred. The text states that the levy on incorporated clubs had already been declared ultra vires and affirmed by the Supreme Court, so the tax was collected without authority of law. Where tax is paid under mistake of law, limitation under section 11B cannot override Article 265 to defeat refund. The limitation-based rejection was quashed and the refund claim, including interest, was remanded for fresh decision on merits.
Refund of service tax collected from incorporated members' clubs for periods after the levy was held ultra vires could not be rejected merely as time-barred. The text states that the levy on incorporated clubs had already been declared ultra vires and affirmed by the Supreme Court, so the tax was collected without authority of law. Where tax is paid under mistake of law, limitation under section 11B cannot override Article 265 to defeat refund. The limitation-based rejection was quashed and the refund claim, including interest, was remanded for fresh decision on merits.
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