The Court held that the Commissioner has powers to first apply ...

Tax Refund Rules Clarified: Interest Applies After Statutory Period; Filing DVAT-21 Not Required for Refund in Return.

August 2, 2024

Case Laws VAT and Sales Tax HC

The Court held that the Commissioner has powers to first apply excess amount towards recovery of any other dues under the DVAT Act. Section 38(3)(a)(i) & (ii) clarify interest accrual timeline on delayed refunds based on tax period being monthly or quarterly. If notice u/s 58 or additional information u/s 59 is sought, refund is carried forward as tax credit. Filing DVAT-21 is not required once refund claim is in return itself. No delay was attributable to the petitioner, and statutory timeframe for refund had elapsed. Subsequent proceedings like Section 59(2) notice and default assessment order were non-est. Interest u/s 42(1) cannot be denied merely due to investigation or legal issues ultimately decided in petitioner's favor. At 6% interest rate, impugned orders were set aside, and petition allowed.

View Source

← Previous Next →

The Court held that the Commissioner has powers to first apply ...

Tax Refund Rules Clarified: Interest Applies After Statutory Period; Filing DVAT-21 Not Required for Refund in Return.

August 2, 2024

Case Laws VAT and Sales Tax HC

You may also like:

The court held that the assessee was entitled to refund of Rs. 3,50,00,000/- deposited with the department, along with statutory interest and interest on refunds. The...

Refund of service tax, interest on delayed sanction of refund, and time limitation u/s 11B of the Central Excise Act, 1944, made applicable to service tax matters u/s 83...

Refund of excess availed/utilised Input Tax Credit - violation of Rule 36(4) of the CGST Rules, 2017 - Documentary proof of availing ITC - Belated filing of return - For...

Dispute centered on Rule 21(8) of Punjab VAT Rules regarding input tax credit (ITC) calculations following tax rate reduction on iron and steel goods. SC upheld HC's...

Interest on delayed refund of tax u/s 56 of Central Goods and Services Tax Act, 2017 is payable from expiry of 60 days from date of filing shipping bill till date of...

The High Court dismissed the petition challenging the show-cause notice dated 20.08.2024 issued by the respondent authority in relation to the refund of integrated taxes...

The High Court allowed the petition and quashed the impugned order rejecting the petitioner's refund application for unutilized input tax credit. The court held that the...

Refund claim of service tax paid on cancelled transactions - Post GST era - Rejection of refund under Rule 6(3) of Service Tax Rules read with Sec 142(5) of CGST Act -...

The High Court dismissed the Revenue's petition challenging the order of the Single Judge. The court held that u/s 18(3) of the Tamil Nadu Value Added Tax Act, 2006, and...

Service tax refund claim filed beyond statutory limitation period cannot be entertained. Refund application must be filed within one year from relevant date as per...

Refund claim - Claim based on revised return filed - Separate application for refund not filed - Once a claim for refund stands embodied in the return itself, there is...

NCLAT addressed the computation of limitation periods for filing appeals under IBC. The tribunal held that while the 30-day limitation period under Section 61 can be...

Application for refund filed manually - Since rule 97A contains a non-obstante clause, it is intended to override rules 89 to 97 of the CGST Rules forming part of...

Remission of Central Excise Duty - The tribunal found Rule 21 inapplicable, as it pertains to goods lost or destroyed before clearance from the factory, not to loss of...

CESTAT determined appellant's entitlement to statutory interest under Notification No. 25/2003-Cus(N.T.) for delayed refund credit, following precedent set in Ranbaxy...

Quick Updates: