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Home Highlights April 2022 Year 2022 This

Rejection of application for refund of mandatory statutory ...


Court Denies Refund Application for Excess Pre-Deposit Paid During CIRP; Tax Department Can't Retain Extra Payment.

April 28, 2022

Case Laws     VAT and Sales Tax     HC

Rejection of application for refund of mandatory statutory obligation pre-deposit with interest - Excess amount then as accepted in the Resolution plant during CIRP proceedings under IBC - Once the tax liability raised by the Department had been fixed by effect of acceptance of Resolution Plan, manifestly, the Department could not hold on to any payment made by the assessee in excess of what has been approved under the Resolution Plan - HC

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