Whether show cause notice can be issued alleging refund granted was erroneous, without Department going into appeal ?
Issue Favourable to Tax Payer ?:- yes
Held - In the instant case, as noted above, the Adjudicating Authority had passed detailed orders after examining the documents on record and the v.....
Issue Favourable to Tax Payer ?:- yes
Held - In this case, an order of refund was passed on an application under Section 11B. The appeal against the finalisation of the assessment was c.....
Issue Favourable to Tax Payer ?:- yes
Held - A careful analysis of the Sections 11A and 11B of the Act would leave no manner of doubt that there is an adjudication process involved in t.....
Issue Favourable to Tax Payer ?:- yes
Held - The adjudicating authority after duly considering the claim of the respondent rejected part of the claim and allowed the claim to the extent.....