Food import sampling requirements support provisional release where unseized consignments conform to standards and raw areca classification is unestab...
Diagnostic microcuvette classification follows sole-use analytical function, placing specialised disposable cuvettes with their analyser rather than g...
Customs Broker licensing proceedings fail when their offence-report foundation collapses and authorisation, advisory, and KYC duties remain unbreached...
CBDT instructions treat recovery of 20% of disputed tax demand as the ordinary condition for stay pending a first appeal. Recovery above that level requires recorded reasons, including lack of prima facie sustainability of the taxpayer's case or exceptional circumstances. Where a stay order does not record reasons for exceeding the norm, retaining excess collections or adjusting refunds while the stay continues defeats the protection of the stay. Aggregate recoveries and refund adjustments must be verified, and amounts exceeding 20% must be refunded with applicable interest. The assessment and appellate merits remain open.
CBDT instructions treat recovery of 20% of disputed tax demand as the ordinary condition for stay pending a first appeal. Recovery above that level requires recorded reasons, including lack of prima facie sustainability of the taxpayer's case or exceptional circumstances. Where a stay order does not record reasons for exceeding the norm, retaining excess collections or adjusting refunds while the stay continues defeats the protection of the stay. Aggregate recoveries and refund adjustments must be verified, and amounts exceeding 20% must be refunded with applicable interest. The assessment and appellate merits remain open.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4881 
