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...
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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