Condonation of delay in filing GSTR-3B returns and entitlement to Section 62 benefit results in withdrawal of assessments and revocation of attachment...
Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
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Money collected during investigation without authority of law and retained by the Revenue attracts restitutionary interest even where no express statutory provision for interest exists. The High Court applied the principle that unlawful retention of public money offends Article 265 and gives rise to an obligation to refund with reasonable interest; the absence of a specific statutory footing did not defeat the claim. As the collection itself was unauthorised, the petitioner was entitled to interest at 6% per annum from the date of collection until payment.
Money collected during investigation without authority of law and retained by the Revenue attracts restitutionary interest even where no express statutory provision for interest exists. The High Court applied the principle that unlawful retention of public money offends Article 265 and gives rise to an obligation to refund with reasonable interest; the absence of a specific statutory footing did not defeat the claim. As the collection itself was unauthorised, the petitioner was entitled to interest at 6% per annum from the date of collection until payment.
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