Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
CESTAT addressed a service tax refund claim by SIPCOT, which was filed 31 days beyond the statutory time limit under Section 104 of the Finance Act, 1994. The tribunal upheld the refund rejection, finding that the time limitation is mandatory and cannot be interpreted as directory. Despite arguments about mistake and limitation period, the tribunal emphasized that the Finance Act is a self-contained code, and the Limitation Act does not apply. The refund claim was deemed time-barred as it was filed on 31.10.2017, beyond the 30.09.2017 deadline. Consequently, the appeal was rejected, confirming the original order's validity and maintaining the strict interpretation of procedural timelines in tax refund applications.
CESTAT addressed a service tax refund claim by SIPCOT, which was filed 31 days beyond the statutory time limit under Section 104 of the Finance Act, 1994. The tribunal upheld the refund rejection, finding that the time limitation is mandatory and cannot be interpreted as directory. Despite arguments about mistake and limitation period, the tribunal emphasized that the Finance Act is a self-contained code, and the Limitation Act does not apply. The refund claim was deemed time-barred as it was filed on 31.10.2017, beyond the 30.09.2017 deadline. Consequently, the appeal was rejected, confirming the original order's validity and maintaining the strict interpretation of procedural timelines in tax refund applications.
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