Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
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...
HC determined that GST refund claims on notice pay recovery were not time-barred under CGST Act Section 54. Following Circular No. 178/10/2022-GST, notice pay recovery by employers was deemed non-taxable due to absence of service supply. The two-year limitation period for refund claims commenced from the circular's issuance date (03.08.2022), making claims filed on 05.11.2022 and 07.11.2022 valid. Court emphasized that GST paid through self-assessment, when not legally required, must be refunded as per constitutional principles under Article 265. State cannot retain unauthorized tax collections, constituting unjust enrichment. Petition granted, directing refund of GST collected on notice pay recovery.
HC determined that GST refund claims on notice pay recovery were not time-barred under CGST Act Section 54. Following Circular No. 178/10/2022-GST, notice pay recovery by employers was deemed non-taxable due to absence of service supply. The two-year limitation period for refund claims commenced from the circular's issuance date (03.08.2022), making claims filed on 05.11.2022 and 07.11.2022 valid. Court emphasized that GST paid through self-assessment, when not legally required, must be refunded as per constitutional principles under Article 265. State cannot retain unauthorized tax collections, constituting unjust enrichment. Petition granted, directing refund of GST collected on notice pay recovery.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
