Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Section 54(1) of the CGST Act does not bar a second refund application where a specific invoice or period was omitted inadvertently, provided the subsequent claim is within the two-year limitation period. The High Court held that a refund claim cannot be rejected on a purely technical ground merely because an earlier application covered a larger overlapping period. It further ruled that no analogous res judicata bar can be imported into refund proceedings in the absence of express statutory prohibition. The rejection was set aside, and the refund application was restored for fresh adjudication on merits after hearing the taxpayer.
Section 54(1) of the CGST Act does not bar a second refund application where a specific invoice or period was omitted inadvertently, provided the subsequent claim is within the two-year limitation period. The High Court held that a refund claim cannot be rejected on a purely technical ground merely because an earlier application covered a larger overlapping period. It further ruled that no analogous res judicata bar can be imported into refund proceedings in the absence of express statutory prohibition. The rejection was set aside, and the refund application was restored for fresh adjudication on merits after hearing the taxpayer.
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