Functional comparability under TNMM requires highway contract benchmarks to reflect operation, maintenance and transfer activities, requiring fresh be...
Objective characteristics govern magnesium bis-glycinate chelate classification as an amino-acid coordination compound, not a food preparation or anti...
Independent professional certification requires pleaded knowledge or complicity for criminal liability; untimely complaints remain barred by limitatio...
Refund Claim: The appellant had inadvertently paid excess excise duty for the months of February and March 2013 while clearing goods from the factory to institutional buyers. Although new evidence is generally not permitted at the appellate stage, the Tribunal accepted the Chartered Accountant's statement and reconciliation sheet as these were department-prescribed documents for sanctioning refunds. The Tribunal observed that since the buyers had agreed to a pre-determined cum-duty price, the chances of passing on the excess excise duty were remote. Denying substantive benefits on technical grounds needs to be avoided. The Original Authority was directed to reconsider the refund claim after examining all documents submitted by the appellant.
Refund Claim: The appellant had inadvertently paid excess excise duty for the months of February and March 2013 while clearing goods from the factory to institutional buyers. Although new evidence is generally not permitted at the appellate stage, the Tribunal accepted the Chartered Accountant's statement and reconciliation sheet as these were department-prescribed documents for sanctioning refunds. The Tribunal observed that since the buyers had agreed to a pre-determined cum-duty price, the chances of passing on the excess excise duty were remote. Denying substantive benefits on technical grounds needs to be avoided. The Original Authority was directed to reconsider the refund claim after examining all documents submitted by the appellant.
Note: It is a system-generated summary and is for quick reference only.