Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
HC held that Section 54 CGST Act and Rule 89(1A) CGST Rules are directory, not mandatory, for refund of tax wrongly paid under a bona fide mistake regarding the nature of supply. Since payment of IGST to Central authorities and subsequent correct payment to State authorities were undisputed, retention of IGST by the Centre would offend Article 265 and principles of restitution and unjust enrichment. HC set aside the impugned orders of respondent no. 3 rejecting the refund claim as time-barred, and expressly held that the refund application was within limitation. The matter was remanded to respondent no. 3 to reconsider and pass a reasoned order on the merits of the refund claim in accordance with law, within a stipulated period. The writ petition was allowed by way of remand.
HC held that Section 54 CGST Act and Rule 89(1A) CGST Rules are directory, not mandatory, for refund of tax wrongly paid under a bona fide mistake regarding the nature of supply. Since payment of IGST to Central authorities and subsequent correct payment to State authorities were undisputed, retention of IGST by the Centre would offend Article 265 and principles of restitution and unjust enrichment. HC set aside the impugned orders of respondent no. 3 rejecting the refund claim as time-barred, and expressly held that the refund application was within limitation. The matter was remanded to respondent no. 3 to reconsider and pass a reasoned order on the merits of the refund claim in accordance with law, within a stipulated period. The writ petition was allowed by way of remand.
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