Informative

Adjustment Of Refund Against Confirmed Demand During Pendency Of Appeal Amounts To Coercive Recovery: CESTAT

Update / Judgement Date

06 Feb 2024

Source

Live Law

Author

Team — WCP Legal Desk

Reading Time

1 min read

Income TaxOther Legal Matters

The CESTAT ruled that adjusting refunds against confirmed demands during the pendency of an appeal amounts to coercive recovery. The tribunal emphasized fair treatment of taxpayers.

Industrial Tribunal's Wage-Revision Award Set Aside for Lack of Comparator Evidence and Unreasoned Financial Findings
Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Labour Laws
06/09/20264 min read
Read More
DNA Proof of Paternity Alone Insufficient to Overturn Acquittal: Delhi HC Reaffirms Narrow Scope of Appeal Against Acquittal
Headnote The Delhi High Court dismissed a prosecutrix's appeal against acquittal of the accused on charges under Sections 328/376 2 n /377/506/509 IPC, despite DNA evidence…
Criminal Law
06/09/20264 min read
Read More
Unexplained Delay in Deciding Detenu's Representation Proves Fatal: Kerala High Court Orders Release Under PITNDPS Act
Fathimath Thasneem V.K. v. Union of India and Others | High Court of Kerala at Ernakulam | 3rd September, 2026 A habeas corpus writ petition by the wife of a detenu challenging…
Criminal Law
06/09/20264 min read
Read More
Habitual Robbery and Repeated Criminal Conduct Cross Into 'Public Order': Kerala High Court Upholds KAAPA Preventive Detention of 'Known Rowdy'
Thasmitha Abukutty v. State of Kerala and Others | High Court of Kerala at Ernakulam | 2nd September, 2026 A writ petition by the wife of a preventive detenu challenging a…
Criminal Law
06/09/20264 min read
Read More
Equal Punishment for Unequal Guilt Violates Article 14: MP High Court Quashes Disciplinary Penalty for Failing Parity Test Among Co-Delinquents
Brahm Kishore Dixit v. The State of Madhya Pradesh and Others | High Court of Madhya Pradesh, Gwalior | 1st September, 2026 A writ petition under Article 226 by a police Assistant…
Labour LawsPSU's AND Govt. Undertakings
06/09/20264 min read
Read More
FIR Is Not Substantive Evidence: MP High Court Fixes Insurer's Liability, Reversing Tribunal's Reliance on Unproved FIR Contents
Anil Kumar Patel v. Smt. Munni Bai Barman and Others | High Court of Madhya Pradesh, Jabalpur | 1st September, 2026 A Motor Vehicle Act appeal under Section 173 1 against a Claims…
Civil LawInsurance
06/09/20264 min read
Read More
Two Decades Unpaid: Bombay High Court Sanctions Court-Appointed Valuer's Fees But Bars Double Recovery Through Interest Plus Inflation
M/s. Kuber Mutual Benefits Ltd. & Ors. v. The State of Maharashtra & Ors. | High Court of Judicature at Bombay Appellate Side | 3rd September, 2026 A Court Receiver's Report…
Civil LawValuationWinding Up & Liquidation
06/09/20264 min read
Read More
802 Days Too Late: Bombay High Court Applies Latest Supreme Court Ruling on 'Notice' to Dismiss Corporation's Challenge to 1996 Arbitral Award as Time
The Municipal Corporation of Greater Bombay v. M/s. Atul Raj Builders Pvt. Ltd. | High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction | 3rd September, 2026 A…
Alternate Dispute ResolutionCivil Law
06/09/20265 min read
Read More
Booth Level Agents Cannot Be Made to Certify What Only the Booth Level Officer Can Verify: Delhi HC Limits BLA Liability Under SIR Guidelines
Devender Yadav & Anr. v. Election Commission of India & Anr. | High Court of Delhi Single Judge | Decided on: 03.09.2026 In a challenge to the Election Commission of India's…
Other Legal Matters
06/09/20264 min read
Read More
No Right to Appear in FMGE on "Fragmented" Foreign Medical Education: Delhi HC Upholds NMC's Screening Test Eligibility Norms
Brij Sharadbhai Bhatt & Ors. v. National Medical Commission & Ors. | High Court of Delhi Division Bench | Decided on: 03.09.2026 The Delhi High Court dismissed a challenge by…
Other Legal Matters
06/09/20265 min read
Read More

Adjustment Of Refund Against Confirmed Demand During Pendency Of Appeal Amounts To Coercive Recovery: CESTAT

Trending News, Updates & Judgements

Trending News, Updates & Judgements