Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
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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