PMLA anticipatory bail requires satisfaction of twin conditions, while predicate-offence protection does not extend to independent money-laundering pr...
School-affiliation charges remain taxable where not directly connected with examinations, while extended limitation requires proof of deliberate tax e...
The High Court allowed the writ petition. Without altering the classification in the shipping bills filed u/s 50, the duty drawback sanctioned to the petitioner cannot be denied by invoking Section 28 of the Customs Act, 1962. As per the Supreme Court's rulings in Priya Blue Industries Ltd. and ITC Limited cases, while processing a refund application, reassessment is not permitted, nor can conditions of exemption be adjudicated. Reassessment is permitted only u/ss 17(3), (4), and (5). When the law mandates a particular thing to be done in a particular manner, it has to be done in that manner. Thus, there is no legal basis to sustain the impugned order denying the higher rate of duty drawback claimed by the petitioner.
The High Court allowed the writ petition. Without altering the classification in the shipping bills filed u/s 50, the duty drawback sanctioned to the petitioner cannot be denied by invoking Section 28 of the Customs Act, 1962. As per the Supreme Court's rulings in Priya Blue Industries Ltd. and ITC Limited cases, while processing a refund application, reassessment is not permitted, nor can conditions of exemption be adjudicated. Reassessment is permitted only u/ss 17(3), (4), and (5). When the law mandates a particular thing to be done in a particular manner, it has to be done in that manner. Thus, there is no legal basis to sustain the impugned order denying the higher rate of duty drawback claimed by the petitioner.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4827 
Join Channel 
