Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
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The High Court dismissed the appeal and upheld the Tribunal's order allowing the assessee to claim refund of Rs. 3,28,75,733/- towards Central Value Added Tax credit, Customs Duty, and Special Additional Duty paid after the appointed day under the CGST Act. The Tribunal rightly relied on Section 142(3) of the CGST Act to entertain the refund claim for amounts paid under the existing law prior to the GST regime, despite non-fulfillment of export obligation under the advance authorization scheme. The High Court found no perversity in the Tribunal's legal interpretation and conclusion.
The High Court dismissed the appeal and upheld the Tribunal's order allowing the assessee to claim refund of Rs. 3,28,75,733/- towards Central Value Added Tax credit, Customs Duty, and Special Additional Duty paid after the appointed day under the CGST Act. The Tribunal rightly relied on Section 142(3) of the CGST Act to entertain the refund claim for amounts paid under the existing law prior to the GST regime, despite non-fulfillment of export obligation under the advance authorization scheme. The High Court found no perversity in the Tribunal's legal interpretation and conclusion.
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