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TMI BlogRefund w.r.t wrongly paid penaltyX X X X Extracts X X X X X X X X Extracts X X X X ..... Refund w.r.t wrongly paid penalty X X X X Extracts X X X X X X X X Extracts X X X X ..... on the verbal demand of the tax authority (eway bill verification related); however the authority doesn't upload the demand in portal nor give any document regarding the demand. Is the taxpayer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eligible for refund of penalty in this scenario? Please shed light. Reply By Shilpi Jain: The Reply: How was the penalty paid? Through banking channel? If yes, then file a refund application since ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is no demand order for such payment. Reply By KASTURI SETHI: The Reply: (i) Such refund is admissible. Section 54 (8)(e) covers "any other amount". Govt. cannot retain any amount without ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any authority of law. (ii) You will have to prove that you were forced to pay such amount by creating phobia of GST laws which were not contravened by you. (iii) You can take shelter of the followi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng case laws. Although these case laws pertain to recovery of tax without any authority of law, yet these can be very helpful to you in drafting application for refund claim. TMI ID : 441712, 234420, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 370345 X X X X Extracts X X X X X X X X Extracts X X X X
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