Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
Refund claim - Reduction in price subsequently resulting in payment of duty in excess - Can refund be claimed without opting of provisional assessment? - Time limitation - Despite clear evidence of overpayment, the refund claim was dismissed solely on the grounds of time bar, as it was filed beyond the one-year limit prescribed by Section 11B of the CEA. The tribunal analyzed the statutory provisions and rejected the appellant's argument that the use of "may" in Section 11B implied discretionary filing within the one-year timeframe. Without precedent supporting the appellant's stance, the tribunal upheld the decision of the lower authorities, affirming the dismissal of the appeal.
Refund claim - Reduction in price subsequently resulting in payment of duty in excess - Can refund be claimed without opting of provisional assessment? - Time limitation - Despite clear evidence of overpayment, the refund claim was dismissed solely on the grounds of time bar, as it was filed beyond the one-year limit prescribed by Section 11B of the CEA. The tribunal analyzed the statutory provisions and rejected the appellant's argument that the use of "may" in Section 11B implied discretionary filing within the one-year timeframe. Without precedent supporting the appellant's stance, the tribunal upheld the decision of the lower authorities, affirming the dismissal of the appeal.
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