Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
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Section 28-I(2) bars admission of an advance-ruling application when the question raised is the same as one already decided by a Court or Appellate Tribunal. The classification of plain oven-roasted areca nuts was treated as settled by a binding High Court decision, so the classification issue could not be reconsidered through advance ruling. The notes further explain that the statutory scheme does not permit partial rejection of an application: although the related customs-duty exemption question was not independently covered, it could not be retained for separate determination. Accordingly, the applications were rejected in full without rulings on either issue.
Section 28-I(2) bars admission of an advance-ruling application when the question raised is the same as one already decided by a Court or Appellate Tribunal. The classification of plain oven-roasted areca nuts was treated as settled by a binding High Court decision, so the classification issue could not be reconsidered through advance ruling. The notes further explain that the statutory scheme does not permit partial rejection of an application: although the related customs-duty exemption question was not independently covered, it could not be retained for separate determination. Accordingly, the applications were rejected in full without rulings on either issue.
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