Survey surrender characterisation determines whether mixed excess stock and business-linked cash face normal taxation or special deemed-income taxatio...
Interest on delayed IGST payment under the Advance Authorisation Scheme for the period preceding legislative amendment lacked a specific statutory basis. The applicable High Court view is to be followed under judicial discipline despite contrary Tribunal views and a pending Larger Bench reference. Interest paid without statutory authority is characterised as a deposit rather than duty. Accordingly, the two-year limitation applicable to duty-refund claims does not govern recovery of that deposit.
Interest on delayed IGST payment under the Advance Authorisation Scheme for the period preceding legislative amendment lacked a specific statutory basis. The applicable High Court view is to be followed under judicial discipline despite contrary Tribunal views and a pending Larger Bench reference. Interest paid without statutory authority is characterised as a deposit rather than duty. Accordingly, the two-year limitation applicable to duty-refund claims does not govern recovery of that deposit.
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TaxTMI 
TaxTMI 
