Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Anti-dumping duty refund claims arising because the levy itself was set aside are not governed by the limited refund mechanism for duty paid in excess of the actual margin of dumping. In such cases, the refund is treated as one for duty not payable at all, and the Customs Act refund provisions apply through the statutory incorporation provision. The pending challenge by the revenue did not change that position, so the refund claim remained maintainable under the Customs Act framework.
Anti-dumping duty refund claims arising because the levy itself was set aside are not governed by the limited refund mechanism for duty paid in excess of the actual margin of dumping. In such cases, the refund is treated as one for duty not payable at all, and the Customs Act refund provisions apply through the statutory incorporation provision. The pending challenge by the revenue did not change that position, so the refund claim remained maintainable under the Customs Act framework.
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