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    <title>2022 (7) TMI 643 - MADRAS HIGH COURT</title>
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    <description>An openly disclosed but legally inadmissible TRAN-1 claim made solely to protect an otherwise payable refund did not extinguish the assessee&#039;s entitlement to refund of excess tax under the earlier regime. The refund claim had to be examined on its own merits, and interest was payable up to the date of the TRAN-1 filing. Penalty under the fraud-related transitional provisions could not be sustained because the claim was bona fide and lacked wilful misstatement, suppression, or intent to evade tax. The related interest demand was also unsustainable, and the punitive components founded on the mistaken transition filing were set aside, while the credit transition itself remained inadmissible.</description>
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      <description>An openly disclosed but legally inadmissible TRAN-1 claim made solely to protect an otherwise payable refund did not extinguish the assessee&#039;s entitlement to refund of excess tax under the earlier regime. The refund claim had to be examined on its own merits, and interest was payable up to the date of the TRAN-1 filing. Penalty under the fraud-related transitional provisions could not be sustained because the claim was bona fide and lacked wilful misstatement, suppression, or intent to evade tax. The related interest demand was also unsustainable, and the punitive components founded on the mistaken transition filing were set aside, while the credit transition itself remained inadmissible.</description>
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