Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
The case involves a dispute over a refund claim (of Cenvat Credit) filed by the appellant beyond the time limit. The Assistant Commissioner stated that the refund was sanctioned earlier, but the appellant did not utilize the remedy u/s 35 of the Central Excise Act within the stipulated time. The communication from the Assistant Commissioner was deemed appealable based on precedent. The appellant's refund claim was filed before the introduction of GST, and the order allowing the refund implied it should be in cash. The Commissioner (Appeals) erred in deeming the appeal non-maintainable, and the jurisdictional authorities were directed to implement the refund order in cash u/s 142(3) and 142(6) of the CGST Act. The appeal was allowed.
The case involves a dispute over a refund claim (of Cenvat Credit) filed by the appellant beyond the time limit. The Assistant Commissioner stated that the refund was sanctioned earlier, but the appellant did not utilize the remedy u/s 35 of the Central Excise Act within the stipulated time. The communication from the Assistant Commissioner was deemed appealable based on precedent. The appellant's refund claim was filed before the introduction of GST, and the order allowing the refund implied it should be in cash. The Commissioner (Appeals) erred in deeming the appeal non-maintainable, and the jurisdictional authorities were directed to implement the refund order in cash u/s 142(3) and 142(6) of the CGST Act. The appeal was allowed.
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