Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Concluded refund proceedings cannot be reopened through protective recovery measures after refund entitlement has been affirmed in appellate proceedings and the challenge to the Tribunal's order has been dismissed by the Supreme Court. The notes state that sanctioned refunds thereby attain finality and cannot be disturbed merely because Revenue later adopts a contrary view. They further explain that unjust enrichment does not bar refund where excess duty initially reflected in customer accounts is returned through credit notes, so the duty incidence is not ultimately passed on. A Chartered Accountant's certificate may support that the claimant neither collected nor retained the excess amount.
Concluded refund proceedings cannot be reopened through protective recovery measures after refund entitlement has been affirmed in appellate proceedings and the challenge to the Tribunal's order has been dismissed by the Supreme Court. The notes state that sanctioned refunds thereby attain finality and cannot be disturbed merely because Revenue later adopts a contrary view. They further explain that unjust enrichment does not bar refund where excess duty initially reflected in customer accounts is returned through credit notes, so the duty incidence is not ultimately passed on. A Chartered Accountant's certificate may support that the claimant neither collected nor retained the excess amount.
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