Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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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