Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
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Adjustment of Penalties from Refund amount - After an appellate order allowed redemption of the seized currency upon payment of fines and penalties, the appellant filed a refund claim for the amounts paid. - The case involved the illegal smuggling of foreign currency, confiscation, and penalty imposition by the original authority, followed by appeals and refund claims. - The original authority deducted penalties imposed on co-noticees from the refund amount sanctioned to the appellant. - The Appellate Tribunal found that the deductions made from the appellant's refund amount were not justified. Section 142 of the Customs Act does not allow recovery of personal penalties from a refund. - Relying on legal precedents, the Tribunal concluded that personal penalties cannot be recovered from a refund granted to the appellant.
Adjustment of Penalties from Refund amount - After an appellate order allowed redemption of the seized currency upon payment of fines and penalties, the appellant filed a refund claim for the amounts paid. - The case involved the illegal smuggling of foreign currency, confiscation, and penalty imposition by the original authority, followed by appeals and refund claims. - The original authority deducted penalties imposed on co-noticees from the refund amount sanctioned to the appellant. - The Appellate Tribunal found that the deductions made from the appellant's refund amount were not justified. Section 142 of the Customs Act does not allow recovery of personal penalties from a refund. - Relying on legal precedents, the Tribunal concluded that personal penalties cannot be recovered from a refund granted to the appellant.
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