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…
Denial of Refund by Invoking Rule 9(1)(b) of Cenvat Credit Rules Without Fraud or Suppression is Invalid: CESTAT
The CESTAT has ruled that the "denial of a refund by invoking Rule 91B of CENVAT Credit Rules" "without fraud or suppression" is "invalid." The tribunal's decision, which is a significant victory for the company, was made on the grounds that the company's claim was not supported by evidence. The ruling clarifies that a tax authority can't add a tax to a company's account without a valid reason.