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    <title>2019 (9) TMI 802 - Supreme Court (LB)</title>
    <link>https://www.taxtmi.com/caselaws?id=386034</link>
    <description>The SC held that refund claims cannot be entertained without first challenging the underlying assessment order through proper appellate proceedings. The Court ruled that self-assessment constitutes an order of assessment under the Act, making it appealable under Section 128. In cases where no dispute exists, speaking orders are not required for across-the-counter transactions. The Court emphasized that refund proceedings are execution-based and cannot function as reassessment proceedings. Authorities processing refunds cannot make fresh assessments or correct errors independently. Any person aggrieved by self-assessment orders must seek modification through appropriate legal channels before pursuing refund claims. The refund applications were deemed non-maintainable, and the appeal was dismissed.</description>
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    <pubDate>Wed, 18 Sep 2019 00:00:00 +0530</pubDate>
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      <title>2019 (9) TMI 802 - Supreme Court (LB)</title>
      <link>https://www.taxtmi.com/caselaws?id=386034</link>
      <description>The SC held that refund claims cannot be entertained without first challenging the underlying assessment order through proper appellate proceedings. The Court ruled that self-assessment constitutes an order of assessment under the Act, making it appealable under Section 128. In cases where no dispute exists, speaking orders are not required for across-the-counter transactions. The Court emphasized that refund proceedings are execution-based and cannot function as reassessment proceedings. Authorities processing refunds cannot make fresh assessments or correct errors independently. Any person aggrieved by self-assessment orders must seek modification through appropriate legal channels before pursuing refund claims. The refund applications were deemed non-maintainable, and the appeal was dismissed.</description>
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      <pubDate>Wed, 18 Sep 2019 00:00:00 +0530</pubDate>
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