SICA repeal and abatement of rehabilitation proceedings barred further control over company assets; illegal share allotments and sales were struck dow...
Allegations of coercive GST recovery during search failed where panchnamas, the written undertaking and recorded answers showed the taxpayer admitted the liability, agreed to pay after temporary registration, and stated the statement was made without pressure or threat; prolonged silence without complaint also undermined the coercion plea. FORM GST DRC-04 issued later was treated as mere acknowledgment of voluntary payment, with no prescribed time limit and no prejudice shown. Refund was unavailable because the tax, interest and penalty had been voluntarily discharged on the basis of search material, and refund lies only where tax was not payable or was paid in excess.
Allegations of coercive GST recovery during search failed where panchnamas, the written undertaking and recorded answers showed the taxpayer admitted the liability, agreed to pay after temporary registration, and stated the statement was made without pressure or threat; prolonged silence without complaint also undermined the coercion plea. FORM GST DRC-04 issued later was treated as mere acknowledgment of voluntary payment, with no prescribed time limit and no prejudice shown. Refund was unavailable because the tax, interest and penalty had been voluntarily discharged on the basis of search material, and refund lies only where tax was not payable or was paid in excess.
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