Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
The CESTAT held that goods not unloaded and exported back do not qualify as 'imported goods' under the Customs Act, 1962. The principle of unjust enrichment does not apply to such goods that were not unloaded and were exported back. The refund claim of customs duty paid on the quantity of goods not unloaded needs to be examined afresh without considering unjust enrichment. The matter was remanded to the Commissioner (Appeals) for fresh adjudication.
The CESTAT held that goods not unloaded and exported back do not qualify as 'imported goods' under the Customs Act, 1962. The principle of unjust enrichment does not apply to such goods that were not unloaded and were exported back. The refund claim of customs duty paid on the quantity of goods not unloaded needs to be examined afresh without considering unjust enrichment. The matter was remanded to the Commissioner (Appeals) for fresh adjudication.
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