Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
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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