Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
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Refund of special additional duty was not subject to the one-year limitation inserted by Notification No. 93/2008-Cus. because Section 27 of the Customs Act did not cover such duty paid on import. The article notes that imposing a limitation period from the date of duty payment through an amended exemption notification would affect the substantive refund right without statutory amendment. Following the Larger Bench ruling in Ambey Sales, the High Court found the Tribunal justified in allowing the refund claims and held that no substantial question of law arose. The revenue appeals were dismissed.
Refund of special additional duty was not subject to the one-year limitation inserted by Notification No. 93/2008-Cus. because Section 27 of the Customs Act did not cover such duty paid on import. The article notes that imposing a limitation period from the date of duty payment through an amended exemption notification would affect the substantive refund right without statutory amendment. Following the Larger Bench ruling in Ambey Sales, the High Court found the Tribunal justified in allowing the refund claims and held that no substantial question of law arose. The revenue appeals were dismissed.
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