Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
