Gauhati High Court
For assessee
Case-law directory
Every ruling, in plain sight.
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
Case-law directory
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
7 rulings found
Gauhati High Court
Where authorities seized cash, along with other items, during search under section 67 but cash did not fall within permissible articles for seizure, such action was illegal and, although cash was refunded before adjudication, petitioner was entitled to interest for period of illegal withholding and respondent authorities were required to compute and pay such interest. GST: Where search under section 67 resulted in seizure of mobile phones, pen drives and a bank card, and since SCN was already issued, continued retention of seized goods was unwarranted and Investigating Officer was required to arrange immediate release of said items to petitioner
Delhi High Court
Where assessee obtained refund of pre-deposit made during demand proceedings after partial appellate relief and sought interest on delayed refund, authorities had no discretion to deny statutory interest under Section 56 once refund was sanctioned, so liability to pay such interest stood triggered and authorities were obliged to quantify and release due interest
Karnataka High Court
Where manpower service provider deposited amounts through DRC-03 ahead of any statutory demand or fraud allegation, without DRC-04 acknowledgment and without interest or penalty as required for fraud matters, such payment was not voluntary under GST rules, thus, rejection of refund of such amount was erroneous and refund with interest was directed, keeping adjudication on underlying SCN open
Telangana High Court
Where petitioners sought interest on delayed refund after principal refund was already sanctioned, insistence by authorities on fresh certification and compliance under Rule 89(2)(m) was not warranted, and Proper Officer was required to compute and sanction interest on basis of refund orders without demanding further documentation
Rajasthan High Court
Where petitioner-college paid affiliation fees to university and demand for GST on such fees was raised, grant of affiliation being a statutory and regulatory function did not constitute supply, affiliation fees were not consideration for taxable activity and were exempt under Entry 66 of Notification 12/2017-CT (Rate), thus GST demand was unsustainable and refund was directed if collected
Gujarat High Court
Where petitioner’s original refund application filed on an earlier date was wrongly refused leading to court-directed re-filing, interest under Section 56 must be calculated from original filing date, as initial refusal cannot defer statutory interest; thus, officer’s adoption of later date for interest denial was unsustainable and interest was to be granted from date of first filing
Rajasthan High Court
Where during search and seizure proceedings at business and partners' premises, substantial tax was extracted from petitioner via ITC reversal and cash entries before any show cause notice or voluntary acknowledgment, and contemporaneous records or safeguards for voluntary compliance were absent, such payment was not considered voluntary and retention of amount was unsustainable, necessitating refund of recovered amount. GST: Where petitioner claimed interest on refund amount alleging unauthorised recovery during search but investigation was still pending, no show cause notice was issued and no adjudication completed, entitlement to interest was premature, so grant of interest was declined pending final determination of liability after investigation, without prejudice to parties' rights on eventual outcome