Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
A refund claim for excess service tax cannot be rejected on an objection not disclosed to the assessee through a show cause notice. Although a Tribunal finding of refund eligibility with consequential relief does not require automatic disbursement and permits examination of legal impediments, including notification conditions and unjust enrichment, the adjudicating authority must give the assessee an opportunity to respond to any objection concerning tax paid on an abated value while CENVAT credit was availed. The High Court quashed the rejection and required fresh adjudication after notice, hearing and a reasoned order.
A refund claim for excess service tax cannot be rejected on an objection not disclosed to the assessee through a show cause notice. Although a Tribunal finding of refund eligibility with consequential relief does not require automatic disbursement and permits examination of legal impediments, including notification conditions and unjust enrichment, the adjudicating authority must give the assessee an opportunity to respond to any objection concerning tax paid on an abated value while CENVAT credit was availed. The High Court quashed the rejection and required fresh adjudication after notice, hearing and a reasoned order.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
