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- Interest on delayed refund of tax
- Whether interest is allowed on delayed sanction of refund ?
Whether interest is allowed on delayed sanction of refund ?
Issue Favourable to Tax Payer ?:- yes
Held - As soon as the matter was finally decided i.e. by this Tribunal vide order dated 27.04.2021 the refund matter was settled but the entire proceeding of refund was initiated from filing of refund application by the appellant on the dates of filing their refund applications. Therefore it is not the date of the letter dated 04.04.2022 the date of applications, whereas, the actual date of application is the dates when first time refund appli.....
Issue Favourable to Tax Payer ?:- yes
Held - Interest is essentially a compensation to a person who has been deprived of use of the amounts due to him. It is relevant to refer to the observations made by the Supreme Court in Union of India v. Tata Chemicals Ltd.: (2014) 6 SCC 335.
Undisputedly, if a person is denied of the payment due to him, he is required to be compensated. In Sandvik Asia Limited v. Commissioner of Income tax I, Pune: (2006) 2 SCC 508 the Supreme Court ha.....
Issue Favourable to Tax Payer ?:- yes
Held - The petitioner again filed Form GST RFD-01 on 19.02.2022, 23.08.2022 and 10.11.2022 for grant of refund along with interest. Notwithstanding that the petitioner has succeeded before the appellate authority, the respondent has not processed the petitioner’s claim for refund.
In view of the above, the refund applications filed by the petitioner to seek implementation of the Orders-in-Orignal and the deficiency memos shall be treat.....
- Whether reimbursement of expenses is leviable to GST?
- Whether input tax credit is admissible if invoice/debit note does not appear in Form GSTR-2A/2B or tax is not paid by supplier ?
- Whether marketing and sales promotion services to customers located outside India is intermediary or export of services ?
- Whether order / show cause notice is valid if passed without pre-show cause notice consultation or GST DRC-01 (summary SCN) or GST DRC-01A (tax intimation notice) ?
- Whether recovery proceedings can be initiated if assessee is willing to file an appeal ?
- Whether input tax credit can be transferred to the transferee entity in case of an inter-state business transfer ?
- Whether interest is payable for the period during which the reply to the deficiency memo remains pending ?
- Whether combined show cause notice can be issued covering multiple financial years ?
- Whether tax can be recovered by Department without prior intimation in Form DRC-01D ?
- Whether a penalty equal to 200% of the tax amount can be demanded in case of detention or seizure of goods ?
