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September 26, 2026   Case Laws Customs
Customs Broker licensing proceedings fail when their offence-report foundation collapses and authorisation, advisory, and KYC duties remain unbreached.
September 26, 2026   Case Laws Customs
Uncertified electronic evidence cannot support customs abetment penalties without reliable proof of intentional active complicity.
September 26, 2026   Case Laws Customs
Specific tariff classification for split air conditioners with refrigerating units prevails over generic split-system and non-refrigerating entries.
September 26, 2026   Case Laws Customs
Detention and demurrage waiver binds NVOCCs on customs-seized goods, with registration suspension possible for regulatory non-compliance.
September 26, 2026   Case Laws Customs
Tariff classification of Digital Axle Counters affirmed as electro-mechanical railway signalling equipment, eliminating duty, confiscation and penalty consequences.
September 26, 2026   Case Laws Money Laundering
PMLA bail conditions and speedy-trial protections support conditional liberty where prolonged undertrial detention becomes punitive.
September 26, 2026   Case Laws Money Laundering
Review of regular bail grants requires perversity or illegality, leaving bail in telephone-interception proceedings undisturbed.
September 26, 2026   Case Laws Service Tax
Pre-deposit refund cannot be appropriated toward penalties already set aside, and delayed refunds attract statutory interest under prior law.
September 26, 2026   Case Laws Service Tax
Larger Bench references require a genuine doubt and a live appeal, preventing advisory rehearing of settled refund issues.
September 26, 2026   Case Laws Indian Laws
Composite appeals from consolidated suits remain maintainable despite separate decrees when procedural defects in appeal memoranda are curable.
September 25, 2026   Notes Benami Property
Beneficial ownership depends on actual funding, holding and benefit, while formal invoices alone may not validate routed bank credits.
September 25, 2026   Notes Indian Laws
Betting on skill-based games remains within State legislative power when money is staked on uncertain outcomes.
September 25, 2026   Notes GST
Wrong-head GST payments require appropriation rather than duplicate payment and refund when aggregate liability was timely discharged.
September 25, 2026   Notes GST
GST appeal limitation: statutory condonation remains capped, while exceptional writ review may restore an unheard appeal.
September 25, 2026   Case Laws GST
Expansion of show cause notice at appellate stage requires a chance to respond before refund rejection is reconsidered.
September 25, 2026   Case Laws GST
Opportunity of hearing in GST first appeals requires restoration where dismissal for default followed inadequate hearing intimation.
September 25, 2026   Case Laws GST
Net ITC treatment protects zero-rated supply refunds from unrelated earlier-period compensation cess reversals under the statutory formula.
September 25, 2026   Case Laws GST
Net ITC under the statutory refund formula excludes prior-period reversals, preserving refund of unutilised cess credit.
September 25, 2026   Case Laws GST
Net ITC computation excludes reversals of earlier-period credit unrelated to the refund period under the statutory formula.
September 25, 2026   Case Laws GST
Statutory appellate-admission discretion permits refusal where the penalty falls within the prescribed monetary threshold for discretionary admission.

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Home › Highlights › VAT and Sales Tax › 2024 › January, 2024 › This
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VAT and Sales Tax

Refund of excess tax alongwith interest - Power to...

Authority Exceeded: Respondent Lacks Power to Re-quantify Tax Refund Post-Sanction.

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VAT and Sales Tax January 1, 2024 Case Laws HC
Refund of excess tax alongwith interest - Power to re-quantification or re-adjudication after the sanction of refund - there is no doubt that the first respondent had issued the said notice beyond the scope of his jurisdiction, since in the course of processing of the refund application, the 1st respondent is not empowered to re-adjudicate or re-quantify while passing the refund order. - HC
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