Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Rejection of IGST refund for exported goods solely on the ground that the exporter had not furnished bond/LUT prior to export under Rule 96A of the CGST Rules was held unsustainable because the governing circular clarifies that non-furnishing of LUT/bond is not an incurable or strictly mandatory defect and may be accepted ex post facto depending on the facts and purpose of the refund claim. Since the refund authority failed to consider and apply the circular while rejecting the claim, the rejection order was set aside and the refund application was remitted for fresh consideration in accordance with law. - HC
Rejection of IGST refund for exported goods solely on the ground that the exporter had not furnished bond/LUT prior to export under Rule 96A of the CGST Rules was held unsustainable because the governing circular clarifies that non-furnishing of LUT/bond is not an incurable or strictly mandatory defect and may be accepted ex post facto depending on the facts and purpose of the refund claim. Since the refund authority failed to consider and apply the circular while rejecting the claim, the rejection order was set aside and the refund application was remitted for fresh consideration in accordance with law. - HC
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