Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
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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