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For the reason that impugned conversation would not examine the petitioner’s claim for a refund of the surplus DDT paid out over the merits, the Bench observed that the petitioner’s refund assert can't be said to are last but not least rejected.
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The tax paid over and above the interval for submitting a declaration click this link underneath the Voluntary Disclosure Scheme, 1997 that is ninety times is liable being refunded due to the fact the amount of these tax paid isn't pursuant to the scheme. The ratio of the judgment may be placed on allied legislation in addition.
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Only the tax because of is payable and Unless of course these kinds of tax is due, the Department are unable to keep any these types of surplus amounts. The quantity of tax may very well be identified with reference to the amount as talked about inside the certification issued under the Act, which During this case was lessen than the amount due and paid out beneath the scheme. Hence, the excess was liable for being refunded alongwith curiosity.
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Consequently, the moment a scrutiny observe has actually been issued below Segment 143(2), and acceptance has become attained as required underneath Area 241A, then It will be open for your Office to withhold the refunds if the exercising of electricity is facially in consonance with the objective and prerequisite on the stated portion and other statutory specifications.