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...
The High Court held that the respondents are liable to pay interest on the delayed disbursal of refund u/s 27A of the Customs Act, 1962. The Court clarified that the observation of the amount not being duty was misinterpreted and should be understood in the context that the amount mistakenly deposited could never have been retained by the Customs authorities. The restitutory element of interest was acknowledged as a normal relief in restitution, not controlled by the Interest Acts. The respondents are liable to pay interest from the date of the original application on 24 June 2016 until 29 November 2018 when refunds were ultimately effected. The petition was allowed.
The High Court held that the respondents are liable to pay interest on the delayed disbursal of refund u/s 27A of the Customs Act, 1962. The Court clarified that the observation of the amount not being duty was misinterpreted and should be understood in the context that the amount mistakenly deposited could never have been retained by the Customs authorities. The restitutory element of interest was acknowledged as a normal relief in restitution, not controlled by the Interest Acts. The respondents are liable to pay interest from the date of the original application on 24 June 2016 until 29 November 2018 when refunds were ultimately effected. The petition was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
