Revisional power in block assessment upheld, undisclosed search income sustained, freight suppression addition restored, accrued lorry hire liability ...
Reassessment and fee-for-technical-services classification: reopening upheld, but certain reimbursements and mobilization charges fell outside treaty ...
Section 80P deduction for co-operative societies remains available despite nominal members and housing society status, with limited interest income tr...
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Refund on finalisation of provisional customs assessment was held not to be barred by unjust enrichment. The Court accepted the Tribunal's finding that the differential duty was paid much later and therefore could not have been passed on to customers. It treated the law as settled by the later Supreme Court decision in Hindustan Zinc Ltd., which held that unjust enrichment does not apply to provisional assessment even after finalisation. On that basis, the refund of excess duty arising from reassessment of the provisionally assessed imports was allowed, and the Revenue's appeal was dismissed.
Refund on finalisation of provisional customs assessment was held not to be barred by unjust enrichment. The Court accepted the Tribunal's finding that the differential duty was paid much later and therefore could not have been passed on to customers. It treated the law as settled by the later Supreme Court decision in Hindustan Zinc Ltd., which held that unjust enrichment does not apply to provisional assessment even after finalisation. On that basis, the refund of excess duty arising from reassessment of the provisionally assessed imports was allowed, and the Revenue's appeal was dismissed.
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