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...
The High Court considered a case involving the refund of excise duty paid by a company and the principles of unjust enrichment. The issue was whether the company successfully proved that the duty incidence was not passed on to the buyer. Despite the company's arguments, the court found that the duty had indeed been recovered from the customer. The court rejected the reliance on a certificate issued by a Chartered Accountant, stating it contradicted the invoices. The court upheld the decision to credit the refund amount to the consumer welfare fund to prevent unjust enrichment. The court referenced a similar case where a certificate from a Chartered Accountant was disbelieved. Ultimately, the appeal was dismissed.
The High Court considered a case involving the refund of excise duty paid by a company and the principles of unjust enrichment. The issue was whether the company successfully proved that the duty incidence was not passed on to the buyer. Despite the company's arguments, the court found that the duty had indeed been recovered from the customer. The court rejected the reliance on a certificate issued by a Chartered Accountant, stating it contradicted the invoices. The court upheld the decision to credit the refund amount to the consumer welfare fund to prevent unjust enrichment. The court referenced a similar case where a certificate from a Chartered Accountant was disbelieved. Ultimately, the appeal was dismissed.
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