Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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Refund claim - order of assessment in appeal not challenged - The Tribunal acknowledged the appellants' arguments regarding the contractual agreement and the price variation clause but emphasized that the refund claims were filed without challenging the assessment of the Bills of Entry. - Citing the decision in ITC Limited vs. Commissioner, the CESTAT held that refund claims cannot be entertained unless the order of assessment or self-assessment is modified in accordance with the law. It clarified that refund proceedings are not meant for reassessment and that the conditions of exemption cannot be adjudicated within the scope of refund provisions.
Refund claim - order of assessment in appeal not challenged - The Tribunal acknowledged the appellants' arguments regarding the contractual agreement and the price variation clause but emphasized that the refund claims were filed without challenging the assessment of the Bills of Entry. - Citing the decision in ITC Limited vs. Commissioner, the CESTAT held that refund claims cannot be entertained unless the order of assessment or self-assessment is modified in accordance with the law. It clarified that refund proceedings are not meant for reassessment and that the conditions of exemption cannot be adjudicated within the scope of refund provisions.
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