Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
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CESTAT ruled on interest rate calculation for pre-deposit refunds in a clandestine manufacturing case. The deposited amount, once appropriated against demand, acquired character of duty subject to Section 11B refund provisions. Following Mafatlal Industries precedent, all refund claims must be processed under Central Excise Act framework. The Tribunal affirmed that Section 11BB governs interest payments on refunds, with specific exception under Section 35FF for appeal-related deposits. Interest calculation from deposit date applies only to Section 35F deposits. The adjudicating authority's decision granting 6% interest rate was upheld as compliant with statutory provisions. Appeal dismissed.
CESTAT ruled on interest rate calculation for pre-deposit refunds in a clandestine manufacturing case. The deposited amount, once appropriated against demand, acquired character of duty subject to Section 11B refund provisions. Following Mafatlal Industries precedent, all refund claims must be processed under Central Excise Act framework. The Tribunal affirmed that Section 11BB governs interest payments on refunds, with specific exception under Section 35FF for appeal-related deposits. Interest calculation from deposit date applies only to Section 35F deposits. The adjudicating authority's decision granting 6% interest rate was upheld as compliant with statutory provisions. Appeal dismissed.
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