Budgetary Support Scheme is not hit by Doctrine of Promissory Estopple and Legitimate Expectations
Court :
Jammu and Kashmir High Court
Brief :
The Hon'ble Jammu and Kashmir High Court in the case of Sudhir Power Ltd. v. Union Territory of Jammu and Kashmir & Ors. [Writ Petition (Civil) No. 2784/2021 dated October 09, 2024] dismissed the writ petition challenging the government order replacing the Budgetary Support Scheme ("BSS") providing for reimbursement of Integrated Goods and Services Tax ("IGST") with Turnover Incentive Scheme, 2021 ("Turnover Incentive Scheme"). Both the schemes were for the benefit of the taxpayers, hence, cannot be said to be "irrational, unreasonable or arbitrary. Therefore, they are not hit by any of the Doctrines i.e. promissory estoppel and legitimate expectation. However, BSS will shall be reviewed by the Finance Department at the end of every financial year to find out its viability with reference to its continuance in the next financial year.
Citation :
Writ Petition (Civil) No. 2784/2021 dated October 09, 2024
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Judgement posted by
Bimal Jain
Service
FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more
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