Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
HC allowed the writ petition, holding that the deficiency memos rejecting the petitioner's refund applications under S.54 CGST Act were legally untenable. The HC found the refund applications complete and accompanied by requisite documents, and ruled that a deficiency memo can be issued only where an application is incomplete or deficient. It further held that amounts deposited in DRC-03 during a search, purportedly under S.74(5), were not voluntary payments and therefore could validly be claimed as refund under S.54. The HC quashed the impugned deficiency memos dated 20.05.2025 and 21.05.2025, and directed the respondents to process the petitioner's refund claims for the DRC-03 payments and pass appropriate orders in accordance with law.
HC allowed the writ petition, holding that the deficiency memos rejecting the petitioner's refund applications under S.54 CGST Act were legally untenable. The HC found the refund applications complete and accompanied by requisite documents, and ruled that a deficiency memo can be issued only where an application is incomplete or deficient. It further held that amounts deposited in DRC-03 during a search, purportedly under S.74(5), were not voluntary payments and therefore could validly be claimed as refund under S.54. The HC quashed the impugned deficiency memos dated 20.05.2025 and 21.05.2025, and directed the respondents to process the petitioner's refund claims for the DRC-03 payments and pass appropriate orders in accordance with law.
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