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...
The HC held that excess tax had to be refunded under the JVAT Act, 2005, and that a dealer entitled to refund was also entitled to simple interest at 6% per annum after ninety days from the refund application until actual payment. Once the earlier challenge had ended, including dismissal of the Special Leave Petition, the Department was bound to process and release the refund. Administrative excuses such as vacancy or deputation of officers were held legally untenable and could not justify continued delay or defeat the statutory refund entitlement. The Commissioner was directed to ensure release of the refund with interest within the time fixed by the Court.
The HC held that excess tax had to be refunded under the JVAT Act, 2005, and that a dealer entitled to refund was also entitled to simple interest at 6% per annum after ninety days from the refund application until actual payment. Once the earlier challenge had ended, including dismissal of the Special Leave Petition, the Department was bound to process and release the refund. Administrative excuses such as vacancy or deputation of officers were held legally untenable and could not justify continued delay or defeat the statutory refund entitlement. The Commissioner was directed to ensure release of the refund with interest within the time fixed by the Court.
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