Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
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The case involved a dispute regarding the refund of Cenvat duty on education cess and secondary & higher education cess. The appellant, registered in Jammu & Kashmir, availed area-based exemption under Notification No. 56/2002-CE. The issue was whether education cess and S&H education cess paid through Cenvat Credit account could be refunded. The Supreme Court precedent clarified that exemptions must be explicitly stated in notifications. The tribunal found the rejection of a portion of the refund valid but held that appropriation of a specific amount without notice or hearing was improper. The appeal was partially allowed, with the rejection of a refund amount upheld but the appropriation set aside.
The case involved a dispute regarding the refund of Cenvat duty on education cess and secondary & higher education cess. The appellant, registered in Jammu & Kashmir, availed area-based exemption under Notification No. 56/2002-CE. The issue was whether education cess and S&H education cess paid through Cenvat Credit account could be refunded. The Supreme Court precedent clarified that exemptions must be explicitly stated in notifications. The tribunal found the rejection of a portion of the refund valid but held that appropriation of a specific amount without notice or hearing was improper. The appeal was partially allowed, with the rejection of a refund amount upheld but the appropriation set aside.
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