Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4794
Join Channel
TaxTMI 
