Embezzlement losses in charitable institutions remain allowable when misappropriation is established, irrecoverable, and not a specified-person benefi...
National long-distance undertaking status supports deduction where separately licensed infrastructure, resources, revenue, and expenditure establish c...
Agency reimbursement income follows contractual deposit-liability computation, while pending deposit collections do not constitute deemed-dividend loa...
Membership-consent thresholds for oppression petitions are satisfied by unchallenged voter-list consents, while unsupported forgery claims require pro...
The High Court addressed the issue of whether the Tribunal could uphold the refund granted by the Commissioner, despite setting aside the cost recovery charges demand. The Court held that the appellate-revenue must adhere to the Circular issued by the Central Board of Excise & Customs, which mandates granting refunds arising from adjudication orders without a stay order after three months. The Tribunal relied on this Circular to reject the revenue's appeal against the Commissioner's refund decision. The Court found no merit or substantial legal questions in the appeal and dismissed it.
The High Court addressed the issue of whether the Tribunal could uphold the refund granted by the Commissioner, despite setting aside the cost recovery charges demand. The Court held that the appellate-revenue must adhere to the Circular issued by the Central Board of Excise & Customs, which mandates granting refunds arising from adjudication orders without a stay order after three months. The Tribunal relied on this Circular to reject the revenue's appeal against the Commissioner's refund decision. The Court found no merit or substantial legal questions in the appeal and dismissed it.
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