Condonation of delay permits statutory appeal restoration where inadequate service explanation prevented consideration of reassessment and taxable-inc...
Limitation in customs appeals permits exclusion for bona fide refund proceedings, enabling restoration of Bill of Entry assessment challenges on merit...
Warehousing permission requires deposit at the designated bonded warehouse; unauthorised diversion triggers confiscation, redemption fine and importer...
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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