Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
Refund claim u/s 142(3) of CGST Act, 2017 read with Section 11B of Central Excise Act, 1994 was partially allowed. Refund of Rs. 20,52,143/- and Rs. 2,19,004/- granted, appellant can approach GST authority for credit in electronic ledger. Refund of Rs. 41,244/- and Rs. 4,87,533/- initially rejected as paid after 01.07.2007, when no CENVAT credit provision existed. However, CESTAT relied on its previous decision in Shree Ganesh Remedies case, holding that Section 142(3) covers amounts accrued pre-GST regime, even if paid post 01.07.2017. Matter remanded to adjudicating authority to pass fresh order considering unjust enrichment, after processing refund claim for Rs. 41,244/- and Rs. 4,87,533/-.
Refund claim u/s 142(3) of CGST Act, 2017 read with Section 11B of Central Excise Act, 1994 was partially allowed. Refund of Rs. 20,52,143/- and Rs. 2,19,004/- granted, appellant can approach GST authority for credit in electronic ledger. Refund of Rs. 41,244/- and Rs. 4,87,533/- initially rejected as paid after 01.07.2007, when no CENVAT credit provision existed. However, CESTAT relied on its previous decision in Shree Ganesh Remedies case, holding that Section 142(3) covers amounts accrued pre-GST regime, even if paid post 01.07.2017. Matter remanded to adjudicating authority to pass fresh order considering unjust enrichment, after processing refund claim for Rs. 41,244/- and Rs. 4,87,533/-.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4918 
