Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
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The HC directed Respondent No.1 to give effect to the Commissioner (Appeals) order dated 19 February 2024 and to grant the Petitioner a refund of taxes paid, together with interest under section 244A of the I.T. Act. The court found the assessment demand extinguished by deletion of additions on appeal and held that pending inquiries or verifications directed by the Commissioner (Appeals) cannot justify withholding the refund. The HC also noted that reassessment notices for the relevant years have been quashed, there is presently no subsisting demand, and consequently Respondent No.1 must immediately pass consequential orders and release the refund with statutory interest.
The HC directed Respondent No.1 to give effect to the Commissioner (Appeals) order dated 19 February 2024 and to grant the Petitioner a refund of taxes paid, together with interest under section 244A of the I.T. Act. The court found the assessment demand extinguished by deletion of additions on appeal and held that pending inquiries or verifications directed by the Commissioner (Appeals) cannot justify withholding the refund. The HC also noted that reassessment notices for the relevant years have been quashed, there is presently no subsisting demand, and consequently Respondent No.1 must immediately pass consequential orders and release the refund with statutory interest.
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