Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
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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