Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
Origin Declaration authentication governs preferential tariff claims under India-UK CETA, requiring a validated reference number before import clearan...
Separate assessment orders for different years remain valid when distinct notices and hearing opportunities prevent prejudice from combined proceeding...
The HC held that the limitation period for claiming a refund of excess taxes paid under Section 77 of the BGST/CGST Act, 2017, read with Section 19 of the IGST Act and Rule 19(1A), commences from the date of deposit of the tax under the IGST Act, not from the date of SGST and CGST deposit. The Respondent authority erred in computing limitation from January 2018, rendering the statutory provisions and clarificatory Circular ineffective. The Court recognized the benevolent extension of limitation provided by the Circular for wrongful tax deposits. Consequently, the impugned order rejecting the refund application was declared legally unsustainable and set aside. The petitioner's application for refund was allowed.
The HC held that the limitation period for claiming a refund of excess taxes paid under Section 77 of the BGST/CGST Act, 2017, read with Section 19 of the IGST Act and Rule 19(1A), commences from the date of deposit of the tax under the IGST Act, not from the date of SGST and CGST deposit. The Respondent authority erred in computing limitation from January 2018, rendering the statutory provisions and clarificatory Circular ineffective. The Court recognized the benevolent extension of limitation provided by the Circular for wrongful tax deposits. Consequently, the impugned order rejecting the refund application was declared legally unsustainable and set aside. The petitioner's application for refund was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
