Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Refund claim - Payment of duty in terms of Notification No. 84/2017-Cus instead of availing full exemption under Notification No. 93/2017-Cus. - The Tribunal rejected the Revenue's argument that the refund claim was not maintainable. It held that the respondent's request for re-assessment under Section 149 constituted an appeal before the authorities. Furthermore, it noted that the respondent was entitled to choose the more beneficial provision for duty payment. - The Tribunal affirmed that when two beneficial notifications are applicable, the assessee has the right to opt for the one more advantageous to them. - Consequently, the Tribunal upheld the respondent's entitlement to the refund, dismissing the Revenue's appeal.
Refund claim - Payment of duty in terms of Notification No. 84/2017-Cus instead of availing full exemption under Notification No. 93/2017-Cus. - The Tribunal rejected the Revenue's argument that the refund claim was not maintainable. It held that the respondent's request for re-assessment under Section 149 constituted an appeal before the authorities. Furthermore, it noted that the respondent was entitled to choose the more beneficial provision for duty payment. - The Tribunal affirmed that when two beneficial notifications are applicable, the assessee has the right to opt for the one more advantageous to them. - Consequently, the Tribunal upheld the respondent's entitlement to the refund, dismissing the Revenue's appeal.
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