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I-T - Capital gain cannot be treated as income from other sources without disputing genuineness of evidences placed on record : ITAT

I-T- Since additional depreciation is a one-time benefit to encourage industrialization, therefore, beneficial provision has to be construed reasonably, liberally and purposively : ITAT

VAT - Remand order passed by Tribunal is not justified as all relevant materials exist on record before it : HC

2022-TIOL-30-CESTAT-CHD

Grey Orange India Pvt Ltd Vs Pr.CCGST

ST - Appellant filed refund claim with regard to eight purchase orders but the same was restricted to three purchase orders - They are claiming refund of service tax paid on advance received against these purchase orders - The sole issue arises whether the said refund claim is barred by limitation - The said advances so received is required to be adjusted against the amount of service provided by appellant - Admittedly, service tax paid by appellant was provisionally for services to be provided later on, but later on, no service has been provided by appellant and the purchase orders were cancelled - In those circumstances, the amount so paid provisionally is required to be adjusted when purchase orders were cancelled and the date of which the purchase orders were cancelled is the relevant date for filing refund claim - The refund claims were required to be filed within one year from the date of cancellation of purchase orders in terms of Section 11B (5) Explanation B (eb) of the ACT, 1944 - But, it is not clear as to whether the said refund claims have been filed within prescribed period, same is required to be examined by adjudicating authority - In case of Mafatlal Industries 2002-TIOL-54-SC-CX-CB , it is observed taht if any amount is payable by assessee and have been paid in accordance with law, refund of same is governed by Section 11B of the Act - Therefore, the refund claim is required to be filed within one year from the relevant date - The issue of passing the bar of unjust enrichment shall be examined by adjudicating authority based on documents placed by appellants - Matter is remanded back to adjudicating authority who shall entertain their refund claims as discussed herein, whether the same is barred by limitation: CESTAT

- Matter remanded: CHANDIGARH CESTAT