Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Where tax is collected under a levy later struck down as unconstitutional, the claim for return of the amount is not governed by the ordinary refund limitations in Sections 54 and 56. The Court treated the money as wrongfully retained by the State and rejected the revenue's objection based on the statutory refund scheme. It further held that interest is compensatory and payable for the period during which the taxpayer was deprived of the use of the money. Interest was therefore directed at 6% per annum from the date of deposit until the date of refund, and the order denying interest was set aside.
Where tax is collected under a levy later struck down as unconstitutional, the claim for return of the amount is not governed by the ordinary refund limitations in Sections 54 and 56. The Court treated the money as wrongfully retained by the State and rejected the revenue's objection based on the statutory refund scheme. It further held that interest is compensatory and payable for the period during which the taxpayer was deprived of the use of the money. Interest was therefore directed at 6% per annum from the date of deposit until the date of refund, and the order denying interest was set aside.
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