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    <title>2023 (10) TMI 334 - JHARKHAND HIGH COURT</title>
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    <description>The HC held that the Revenue acted illegally in compelling TCS collection despite the Petitioner submitting Form 27C confirming use of coal for power generation. The ITAT quashed the default assessment against CCL for non-collection of TCS. Instead of direct refund, the Court initially directed issuance of TCS certificates for FY 2012-13 to 2017-18, which were later issued but deemed unusable by the Petitioner due to delay. Addressing unresolved issues, the Court accepted the Revenue&#039;s proposed Option No. 2, directing Respondents 3 to 5 to refund the entire TCS amount collected from the Petitioner along with interest to Respondents 1 and 2 (CCL), who must then promptly refund the Petitioner. The refund is to be completed within a specified timeframe.</description>
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      <link>https://www.taxtmi.com/caselaws?id=444111</link>
      <description>The HC held that the Revenue acted illegally in compelling TCS collection despite the Petitioner submitting Form 27C confirming use of coal for power generation. The ITAT quashed the default assessment against CCL for non-collection of TCS. Instead of direct refund, the Court initially directed issuance of TCS certificates for FY 2012-13 to 2017-18, which were later issued but deemed unusable by the Petitioner due to delay. Addressing unresolved issues, the Court accepted the Revenue&#039;s proposed Option No. 2, directing Respondents 3 to 5 to refund the entire TCS amount collected from the Petitioner along with interest to Respondents 1 and 2 (CCL), who must then promptly refund the Petitioner. The refund is to be completed within a specified timeframe.</description>
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      <pubDate>Thu, 05 Oct 2023 00:00:00 +0530</pubDate>
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