<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>Court Orders Review of Refund Applications u/s 74(5) CGST Act; Dismisses Voluntary Payment Defense as Untenable.</title>
    <link>https://www.taxtmi.com/highlights?id=60357</link>
    <description>Refund of amount illegally collected from the petitioner - Self-ascertainment under Section 74(5) of CGST Act - Amount paid under coercion - Right of Bona fide Tax Payer to be treated with dignity - The stand of the respondents is ambiguous as self-ascertainment is put forward only as defence to the assertion of the petitioner that the payment of amount has been made involuntarily - the contention of payment being made by way of self-ascertainment is liable to be rejected. - Lapse of time and lack of conclusion of investigation has only exacerbated the situation conferring upon the petitioners a right to seek for refund of the amount. - The refund applications at Annexure-&#039;Q&#039; are to be considered and suitable orders be passed - HC</description>
    <language>en-us</language>
    <pubDate>Tue, 02 Nov 2021 17:26:23 +0530</pubDate>
    <lastBuildDate>Tue, 02 Nov 2021 17:26:23 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=660188" rel="self" type="application/rss+xml"/>
    <item>
      <title>Court Orders Review of Refund Applications u/s 74(5) CGST Act; Dismisses Voluntary Payment Defense as Untenable.</title>
      <link>https://www.taxtmi.com/highlights?id=60357</link>
      <description>Refund of amount illegally collected from the petitioner - Self-ascertainment under Section 74(5) of CGST Act - Amount paid under coercion - Right of Bona fide Tax Payer to be treated with dignity - The stand of the respondents is ambiguous as self-ascertainment is put forward only as defence to the assertion of the petitioner that the payment of amount has been made involuntarily - the contention of payment being made by way of self-ascertainment is liable to be rejected. - Lapse of time and lack of conclusion of investigation has only exacerbated the situation conferring upon the petitioners a right to seek for refund of the amount. - The refund applications at Annexure-&#039;Q&#039; are to be considered and suitable orders be passed - HC</description>
      <category>Highlights</category>
      <law>GST</law>
      <pubDate>Tue, 02 Nov 2021 17:26:23 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/highlights?id=60357</guid>
    </item>
  </channel>
</rss>