Supreme Court of India · 2019-05-10
THE STATE OF JHARKHAND vs M/S. AKASH COKE INDUSTRIES PVT. LTD.
- Citation / case number
- SC 2017/41954
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF JHARKHAND
- Respondent
- M/S. AKASH COKE INDUSTRIES PVT. LTD.
- Author
- HON'BLE MR. JUSTICE K.M. JOSEPH
- Bench
- HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE ASHOK BHUSHAN
Judgment text excerpt
The Supreme Court upheld the High Court's decision directing the State of Jharkhand to reimburse the sales tax paid by M/s. Akash Coke Industries Pvt. Ltd. for coal purchased within the state. The court found that the respondent's application for refund was valid despite the absence of an excess demand notice, as the relevant rules were not adhered to by the state authorities. The ruling emphasized the importance of following procedural requirements in tax refund applications.