Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Refund including cash refund of DEPB/FPS scrips - principles of unjust enrichment - The Tribunal examined the facts surrounding the refund claims and acknowledged the respondent's reliance on the London Metal Exchange (LME) for pricing. They found that the price of the final products was determined based on LME prices, which were beyond the control of the respondent. - The CESTAT concluded that the principle of unjust enrichment did not apply in this case. They emphasized that the final product prices were based on LME prices, and there was no evidence of the duty burden being passed on to buyers.
Refund including cash refund of DEPB/FPS scrips - principles of unjust enrichment - The Tribunal examined the facts surrounding the refund claims and acknowledged the respondent's reliance on the London Metal Exchange (LME) for pricing. They found that the price of the final products was determined based on LME prices, which were beyond the control of the respondent. - The CESTAT concluded that the principle of unjust enrichment did not apply in this case. They emphasized that the final product prices were based on LME prices, and there was no evidence of the duty burden being passed on to buyers.
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