Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
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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