Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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The case involves a dispute over the refund of Special Additional Duty paid on imported goods. The Appellate Tribunal held that the refund application cannot be rejected solely based on a technical violation. The appellant had paid the duty at the time of import and also paid VAT upon selling the goods, complying with relevant conditions. The statutory auditor confirmed that the duty amount was not passed on to buyers. Citing precedent, the Tribunal emphasized that once a Chartered Accountant certificate is provided, and in the absence of fraud, the refund claim should be granted. The Tribunal set aside the order rejecting the refund claim, stating it was not sustainable.
The case involves a dispute over the refund of Special Additional Duty paid on imported goods. The Appellate Tribunal held that the refund application cannot be rejected solely based on a technical violation. The appellant had paid the duty at the time of import and also paid VAT upon selling the goods, complying with relevant conditions. The statutory auditor confirmed that the duty amount was not passed on to buyers. Citing precedent, the Tribunal emphasized that once a Chartered Accountant certificate is provided, and in the absence of fraud, the refund claim should be granted. The Tribunal set aside the order rejecting the refund claim, stating it was not sustainable.
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