Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
The HC held that the petitioners' refund application for accumulated ITC was within the statutory limitation period, relying on the precedent that struck down the relevant circular provision. Although a refund sanction order was issued, a subsequent demand notice and Order-in-Original confirming a tax demand with penalty were challenged. The court found the impugned orders dated 31.3.2023 and 29.2.2024 illegal and unsustainable, quashing and setting aside both the refund rejection and the appeal order. The petition was allowed, thereby validating the refund claim and negating the subsequent tax demand and penalty.
The HC held that the petitioners' refund application for accumulated ITC was within the statutory limitation period, relying on the precedent that struck down the relevant circular provision. Although a refund sanction order was issued, a subsequent demand notice and Order-in-Original confirming a tax demand with penalty were challenged. The court found the impugned orders dated 31.3.2023 and 29.2.2024 illegal and unsustainable, quashing and setting aside both the refund rejection and the appeal order. The petition was allowed, thereby validating the refund claim and negating the subsequent tax demand and penalty.
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