Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
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The statutory refund provision applied to service tax establishes a rebuttable presumption that the incidence of tax was passed to the consumer; where tax was paid but not payable, refundable amounts must be credited to the Consumer Welfare Fund unless the claimant proves the burden was not passed. A third-party or departmental No Objection Certificate cannot override that statutory scheme or permit refund to a party who did not bear the tax incidence. Recovery of an erroneously sanctioned refund is governed by the statutory recovery procedure for erroneous refunds, not by the refund provision itself.
The statutory refund provision applied to service tax establishes a rebuttable presumption that the incidence of tax was passed to the consumer; where tax was paid but not payable, refundable amounts must be credited to the Consumer Welfare Fund unless the claimant proves the burden was not passed. A third-party or departmental No Objection Certificate cannot override that statutory scheme or permit refund to a party who did not bear the tax incidence. Recovery of an erroneously sanctioned refund is governed by the statutory recovery procedure for erroneous refunds, not by the refund provision itself.
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