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    August 20, 2026   Case LawsIncome Tax
    Foreign-leg travel reimbursement: binding interim restraint prevented retrospective employer default and eliminated consequential tax-deduction penalt...
    August 20, 2026   Case LawsIncome Tax
    Rejection of unreliable liquor-trade books justified profit estimation and separate taxation of omitted advertisement-display business receipts.
    August 20, 2026   Case LawsIncome Tax
    Specific penalty charges under section 270A are mandatory; vague notices for under-reporting or misreporting cannot sustain penalties.
    August 20, 2026   Case LawsIncome Tax
    Actual redemption consideration governs preference-share capital gains where no deeming rule permits substitution with equity-share valuation.
    August 20, 2026   Case LawsIncome Tax
    Non-cash share consideration escapes share-premium taxation, while bad debts and unsupported prior-period claims receive differing treatment.
    August 20, 2026   Case LawsIncome Tax
    Transfer pricing tolerance rules remove adjustments where software and advertising service prices fall within prescribed ranges.
    August 20, 2026   Case LawsCustoms
    Re-import exemption excludes FTWZ-to-DTA clearance when petroleum equipment returns under a fresh essentiality certificate for a new contract.
    August 20, 2026   Case LawsCustoms
    Parity with accepted Tribunal ruling defeats Customs Broker licence revocation where no material factual distinction is shown.
    August 20, 2026   Case LawsCustoms
    Customs Broker licence proceedings require accurate procedural facts before delay or natural-justice findings can justify setting aside regulatory act...
    August 20, 2026   Case LawsCustoms
    Excess drawback recovery requires reassessment of self-assessed shipping bills before liability can be determined and recovered.
    August 20, 2026   Case LawsCustoms
    Due diligence for transferable DFIA licences requires independent verification, with fraudulent export links exposing importers to duty and penalties.
    August 20, 2026   Case LawsCustoms
    Provisional assessment finalisation must precede export duty recovery, while redemption fine fails for goods already exported and unavailable for conf...
    August 20, 2026   Case LawsCustoms
    Post-export shipping bill conversion cannot be denied by circular limitation or later notification alone.
    August 20, 2026   Case LawsCustoms
    EPCG export obligation default sustains duty and interest, while flood-damaged capital goods avoid confiscation and penalties.
    August 20, 2026   Case LawsCustoms
    Customs Broker KYC and authorisation duties do not require physical importer verification or direct receipt of authorisation letters.
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    August 20, 2026   Case LawsSEBI
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    August 20, 2026   Case LawsIBC
    Information utility default records supported insolvency admission despite objections to photocopied loan documents and an undisputed default date.
    August 20, 2026   Case LawsIBC
    Statutory appellate remedy for disciplinary committee orders generally requires parties to pursue appellate review before seeking writ relief.
    August 20, 2026   Case LawsService Tax
    Intermediary service classification fails where branch and head office are one legal person and functions are performed independently.
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    August 20, 2026   Case Laws Income Tax
    Foreign-leg travel reimbursement: binding interim restraint prevented retrospective employer default and eliminated consequential tax-deduction penalty.
    August 20, 2026   Case Laws Income Tax
    Rejection of unreliable liquor-trade books justified profit estimation and separate taxation of omitted advertisement-display business receipts.
    August 20, 2026   Case Laws Income Tax
    Specific penalty charges under section 270A are mandatory; vague notices for under-reporting or misreporting cannot sustain penalties.
    August 20, 2026   Case Laws Income Tax
    Actual redemption consideration governs preference-share capital gains where no deeming rule permits substitution with equity-share valuation.
    August 20, 2026   Case Laws Income Tax
    Non-cash share consideration escapes share-premium taxation, while bad debts and unsupported prior-period claims receive differing treatment.
    August 20, 2026   Case Laws Income Tax
    Transfer pricing tolerance rules remove adjustments where software and advertising service prices fall within prescribed ranges.
    August 20, 2026   Case Laws Customs
    Re-import exemption excludes FTWZ-to-DTA clearance when petroleum equipment returns under a fresh essentiality certificate for a new contract.
    August 20, 2026   Case Laws Customs
    Parity with accepted Tribunal ruling defeats Customs Broker licence revocation where no material factual distinction is shown.
    August 20, 2026   Case Laws Customs
    Customs Broker licence proceedings require accurate procedural facts before delay or natural-justice findings can justify setting aside regulatory action.
    August 20, 2026   Case Laws Customs
    Excess drawback recovery requires reassessment of self-assessed shipping bills before liability can be determined and recovered.
    August 20, 2026   Case Laws Customs
    Due diligence for transferable DFIA licences requires independent verification, with fraudulent export links exposing importers to duty and penalties.
    August 20, 2026   Case Laws Customs
    Provisional assessment finalisation must precede export duty recovery, while redemption fine fails for goods already exported and unavailable for confiscation.
    August 20, 2026   Case Laws Customs
    Post-export shipping bill conversion cannot be denied by circular limitation or later notification alone.
    August 20, 2026   Case Laws Customs
    EPCG export obligation default sustains duty and interest, while flood-damaged capital goods avoid confiscation and penalties.
    August 20, 2026   Case Laws Customs
    Customs Broker KYC and authorisation duties do not require physical importer verification or direct receipt of authorisation letters.
    August 20, 2026   Case Laws Companies Law
    Earnest money forfeiture in e-auctions requires examination of contractual loss and applicable forfeiture terms before refund rejection.
    August 20, 2026   Case Laws SEBI
    Information held by public authorities limits RTI access; regulatory powers do not require collection from private bodies.
    August 20, 2026   Case Laws IBC
    Information utility default records supported insolvency admission despite objections to photocopied loan documents and an undisputed default date.
    August 20, 2026   Case Laws IBC
    Statutory appellate remedy for disciplinary committee orders generally requires parties to pursue appellate review before seeking writ relief.
    August 20, 2026   Case Laws Service Tax
    Intermediary service classification fails where branch and head office are one legal person and functions are performed independently.

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      Home› Highlights › Customs › 2024 › October, 2024 › This
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      Customs

      Duty Drawback claim denied due to clarificatory Circular...

      Garment exporter denied duty drawback claim due to exclusionary customs circular; courts uphold retrospective clarification.

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      CustomsOctober 28, 2024Case LawsHC
      Duty Drawback claim denied due to clarificatory Circular No.55/99-Cus retrospectively applicable. Petitioner's exported product, Woolen Readymade Garments, excluded from S.S.NO.62.09 covering only woollen Suits/Trousers/Blazers/Jackets as per Circular. Revisional Authority's order upheld, relying on Karnataka High Court decision in CCE Bangalore Vs. Central Manufacturing Technology Institute, clarifying retrospective nature of clarificatory notifications. Petitioner entitled only to Brand Rate, not Drawback claim for exported garments other than specified categories. Writ Petition dismissed.
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