Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
HC ruled that Section 11B of Central Excise Act, 1944 does not strictly apply to service tax refund claims made under mistaken legal interpretation. The court held that principles of restitution under Section 72 of Contract Act, 1872 are applicable, mandating refund even beyond prescribed limitation periods. Relying on precedential jurisprudence, the court determined that a writ petition under Article 226 is maintainable for wrongly paid service tax. The impugned order was set aside, and the petition was allowed, compelling the respondent to refund the erroneously paid tax.
HC ruled that Section 11B of Central Excise Act, 1944 does not strictly apply to service tax refund claims made under mistaken legal interpretation. The court held that principles of restitution under Section 72 of Contract Act, 1872 are applicable, mandating refund even beyond prescribed limitation periods. Relying on precedential jurisprudence, the court determined that a writ petition under Article 226 is maintainable for wrongly paid service tax. The impugned order was set aside, and the petition was allowed, compelling the respondent to refund the erroneously paid tax.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
