Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
The HC allowed the petition, holding that the respondent authorities' receipt of Rs.10 crores from the petitioner during search/inspection/seizure proceedings was involuntary, without jurisdiction and contrary to the CGST Act. The payment was quashed as illegal, arbitrary and not a voluntary self-ascertainment under Sections 73(5)/74(5). The respondents were directed to refund Rs.10 crores to the petitioner with interest at 6% per annum from 24.03.2023 until actual payment. The refund was ordered to be paid within two months from receipt of a copy of the order. Petition accordingly allowed.
The HC allowed the petition, holding that the respondent authorities' receipt of Rs.10 crores from the petitioner during search/inspection/seizure proceedings was involuntary, without jurisdiction and contrary to the CGST Act. The payment was quashed as illegal, arbitrary and not a voluntary self-ascertainment under Sections 73(5)/74(5). The respondents were directed to refund Rs.10 crores to the petitioner with interest at 6% per annum from 24.03.2023 until actual payment. The refund was ordered to be paid within two months from receipt of a copy of the order. Petition accordingly allowed.
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