https://www.taxtmi.com/caselaws?id=164192 A claim for refund of unadjusted excess input tax credit under the special refund provision could not be denied by invoking the general reassessment embargo, because the earlier assessment had been only partially reopened on a limited remand and the quantified credit sought to be refunded was independent of the remanded issue. The court also found no material to show that the excess credit for 2005-06 had actually been adjusted against the subsequent year's liabilities; the later record instead indicated continuing surplus credit. On that basis, rejection of the refund was unsustainable and statutory interest was payable. en-us Wed, 02 Sep 2009 00:00:00 +0530 Sat, 01 Nov 2014 15:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=164192 A claim for refund of unadjusted excess input tax credit under the special refund provision could not be denied by invoking the general reassessment embargo, because the earlier assessment had been only partially reopened on a limited remand and the quantified credit sought to be refunded was independent of the remanded issue. The court also found no material to show that the excess credit for 2005-06 had actually been adjusted against the subsequent year's liabilities; the later record instead indicated continuing surplus credit. On that basis, rejection of the refund was unsustainable and statutory interest was payable. Case-Laws VAT and Sales Tax Wed, 02 Sep 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=164192