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HC set aside the appellate authority's order dated 11th ...


Judicial Intervention Mandates Fresh Review of Tax Refund Claim, Ensuring Fair Hearing and Potential Full Credit

May 24, 2025

Case Laws     GST     HC

HC set aside the appellate authority's order dated 11th December, 2023 rejecting the petitioner's refund application. The court remanded the matter for fresh hearing, directing the appellate authority to conduct a de novo review within three weeks, assign a different officer, and provide the petitioner an opportunity to be heard. If the refund is found valid, the entire amount must be credited to the petitioner's ledger with appropriate statutory interest. The court criticized the respondents' procedural approach, highlighting the petitioner's registration restoration and subsequent refund claim's unjust rejection.

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