Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
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The High Court addressed the issue of refund of service tax paid in relation to subscription of a chit fund. It was held that the petitioner paid the tax upon demand by tax authorities, not due to a mistake of law. The 2015 amendment to the Finance Act was deemed substantive, not clarificatory, with prospective effect. Refunds for taxes paid before the amendment were permissible within the extended one-year limitation period from the judgment date. The court dismissed the petition, noting the petitioner's failure to apply within the extended time limit set by the court.
The High Court addressed the issue of refund of service tax paid in relation to subscription of a chit fund. It was held that the petitioner paid the tax upon demand by tax authorities, not due to a mistake of law. The 2015 amendment to the Finance Act was deemed substantive, not clarificatory, with prospective effect. Refunds for taxes paid before the amendment were permissible within the extended one-year limitation period from the judgment date. The court dismissed the petition, noting the petitioner's failure to apply within the extended time limit set by the court.
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