Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
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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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