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GST - Highlights / Catch Notes

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Refund amount recovered coercively - Despite paying 20% of the ...


Court Orders Refund with Interest for Coercive Tax Recovery; Criticizes Officer's High-Handed Actions in Tax Dispute.

January 24, 2024

Case Laws     GST     HC

Refund amount recovered coercively - Despite paying 20% of the tax in dispute, the tax authorities issued a demand and forcibly recovered the full balance - GST Appellate Tribunal is not constituted - The Court found the tax officer's actions in forcibly recovering the full amount to be high-handed and against the legislative mandate. - The Court directed the refund of the entire amount recovered with 12% interest per annum if not refunded within two weeks. It also imposed costs on the responsible officer. - HC

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