Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
Refund of Special Additional Duty of Customs (SAD) being rejected due to mismatch in description of imported goods, non-compliance with Notification No. 102/2007-Cus. It highlights that rejection of the Chartered Accountant's certificate and reconciliation statement, as required by the Board's Circular, should be based on reliable incriminating documents, with reasons clearly spelled out. Minor mismatches in description or clerical errors do not invalidate the refund claim. The summary refers to relevant case laws, including a Larger Bench judgment of CESTAT and a Madras High Court judgment, which upheld that the adjudicating authority cannot disbelieve the CA's certificate without material evidence of fraud or misrepresentation. The impugned order rejecting the refund claims is set aside, and the appeal is allowed.
Refund of Special Additional Duty of Customs (SAD) being rejected due to mismatch in description of imported goods, non-compliance with Notification No. 102/2007-Cus. It highlights that rejection of the Chartered Accountant's certificate and reconciliation statement, as required by the Board's Circular, should be based on reliable incriminating documents, with reasons clearly spelled out. Minor mismatches in description or clerical errors do not invalidate the refund claim. The summary refers to relevant case laws, including a Larger Bench judgment of CESTAT and a Madras High Court judgment, which upheld that the adjudicating authority cannot disbelieve the CA's certificate without material evidence of fraud or misrepresentation. The impugned order rejecting the refund claims is set aside, and the appeal is allowed.
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