Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Recovery of erroneous refund - amount paid by the appellant’s Chennai Unit towards the pre-deposit in connection with an appeal filed arising out of order in Tuticorin Central Excise Division with a different Registration Number - The Appellate Tribunal finds that the payment made by the appellant towards pre-deposit for filing the appeal should indeed be considered a pre-deposit and not an excess payment of duty. This conclusion is supported by legal precedents and the purpose for which the payment was made. The Tribunal agrees with the appellant's argument that since the payment was made as a pre-deposit under Section 35F, the provisions of Section 11B regarding limitation should not apply. As a result, the Tribunal allowed the appeal and granted the company the refund of the pre-deposit amount.
Recovery of erroneous refund - amount paid by the appellant’s Chennai Unit towards the pre-deposit in connection with an appeal filed arising out of order in Tuticorin Central Excise Division with a different Registration Number - The Appellate Tribunal finds that the payment made by the appellant towards pre-deposit for filing the appeal should indeed be considered a pre-deposit and not an excess payment of duty. This conclusion is supported by legal precedents and the purpose for which the payment was made. The Tribunal agrees with the appellant's argument that since the payment was made as a pre-deposit under Section 35F, the provisions of Section 11B regarding limitation should not apply. As a result, the Tribunal allowed the appeal and granted the company the refund of the pre-deposit amount.
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