Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
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The appellant is entitled to refund of the amount deposited 'under protest' during the pendency of adjudication proceedings and investigation, as it cannot be considered payment of duty and is not hit by the bar of unjust enrichment u/s 11B of the Central Excise Act, 1944. The deposit made from April 2016 to June 2017, when no show cause notice was issued, was merely a precautionary measure and cannot be characterized as 'duty'. Relying on judicial precedents, the Tribunal held that such deposits are not subject to unjust enrichment principles and allowed the refund claim, setting aside the impugned orders.
The appellant is entitled to refund of the amount deposited 'under protest' during the pendency of adjudication proceedings and investigation, as it cannot be considered payment of duty and is not hit by the bar of unjust enrichment u/s 11B of the Central Excise Act, 1944. The deposit made from April 2016 to June 2017, when no show cause notice was issued, was merely a precautionary measure and cannot be characterized as 'duty'. Relying on judicial precedents, the Tribunal held that such deposits are not subject to unjust enrichment principles and allowed the refund claim, setting aside the impugned orders.
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