Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
Page of 4817
Press 'Enter' after typing page number.
3041 to 3060 of 96333 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
The HC quashed orders rejecting the petitioner's claim for refund of unutilized Input Tax Credit on supplies made to SEZ units without payment of tax. The Court held that once the respondents admitted the petitioner's entitlement to refund, the Court had jurisdiction to direct its grant despite procedural non-compliance with Circular No. 125/44/2019. The Court emphasized that while procedural requirements are important, they cannot extinguish substantive rights of the assessee under tax laws. Allowing the Department to retain excess tax would constitute unjust enrichment contrary to Article 265 of the Constitution. The Court ruled that procedure must remain subservient to substantive justice, particularly in genuine refund cases where the assessee's rights are established.
The HC quashed orders rejecting the petitioner's claim for refund of unutilized Input Tax Credit on supplies made to SEZ units without payment of tax. The Court held that once the respondents admitted the petitioner's entitlement to refund, the Court had jurisdiction to direct its grant despite procedural non-compliance with Circular No. 125/44/2019. The Court emphasized that while procedural requirements are important, they cannot extinguish substantive rights of the assessee under tax laws. Allowing the Department to retain excess tax would constitute unjust enrichment contrary to Article 265 of the Constitution. The Court ruled that procedure must remain subservient to substantive justice, particularly in genuine refund cases where the assessee's rights are established.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
