Transfer-pricing aggregation of distinct support-service and subcontract transactions was rejected, while debt-free receivables attracted no notional ...
Customs exemptions cover photovoltaic assembly machinery and PVF backsheets, while fully declared cleared imports may avoid confiscation and penalties...
Specific tariff classification for LCD devices overrides treatment as electricity-meter parts, defeating differential duty, extended limitation, and p...
Stayed disciplinary punishment does not establish unfitness for insolvency professional registration; reconsideration must disregard mere pendency of ...
Indirect corporate control can create related-party status, excluding financial creditors from Committee of Creditors representation, participation an...
Scientific research association approval requires continuing SIRO status, annual donation reporting, and donor certificates for the approved foundatio...
Principles of Res-judicata - suo-moto re-credit taken instead of filing refund application - The Tribunal noted that the initial rounds of litigation, up to the High Court, had affirmed the appellant's eligibility to claim Cenvat credit under Notification No. 6/2006-CE, which the Tribunal upheld. It was observed that the re-credit was an accounting correction and did not require a refund claim, especially since it was done with Revenue's intimation. The Tribunal ordered the refund of the duty amount deposited by the appellant, with interest. This decision rested on the principle that once an appellate decision becomes final, it is binding, and the administrative authorities must comply without re-litigating settled matters.
Principles of Res-judicata - suo-moto re-credit taken instead of filing refund application - The Tribunal noted that the initial rounds of litigation, up to the High Court, had affirmed the appellant's eligibility to claim Cenvat credit under Notification No. 6/2006-CE, which the Tribunal upheld. It was observed that the re-credit was an accounting correction and did not require a refund claim, especially since it was done with Revenue's intimation. The Tribunal ordered the refund of the duty amount deposited by the appellant, with interest. This decision rested on the principle that once an appellate decision becomes final, it is binding, and the administrative authorities must comply without re-litigating settled matters.
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