Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Non-payment of interest on refund u/s 18(4) of the Customs Act 1962 upon finalization of provisional assessment was challenged. Upon completion of the specified import quantity under the contract, provisional assessments were finalized, and a refund amount was ordered, but no interest was paid on the delayed refund payment, which is payable u/s 18(4) read with Section 27A. The Tribunal held that upon finalization of provisional assessment, if a refund is liable, it must be paid within 3 months from the final assessment date. Any delay in refund payment beyond 3 months attracts interest liability, irrespective of filing a refund application. Accordingly, the department was liable to pay interest for the delay in refund payment beyond 3 months from the final assessment date. The appeal was allowed.
Non-payment of interest on refund u/s 18(4) of the Customs Act 1962 upon finalization of provisional assessment was challenged. Upon completion of the specified import quantity under the contract, provisional assessments were finalized, and a refund amount was ordered, but no interest was paid on the delayed refund payment, which is payable u/s 18(4) read with Section 27A. The Tribunal held that upon finalization of provisional assessment, if a refund is liable, it must be paid within 3 months from the final assessment date. Any delay in refund payment beyond 3 months attracts interest liability, irrespective of filing a refund application. Accordingly, the department was liable to pay interest for the delay in refund payment beyond 3 months from the final assessment date. The appeal was allowed.
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