Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
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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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