Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
HC held that petitioner was entitled to refund of IGST and Service Tax paid on ocean freight following Mohit Minerals precedent. While addressing unjust enrichment concerns, court found petitioner's commitment to refund consumers through tariff adjustments satisfactory. Petitioner established plan to maintain refund amount in separate account for consumer benefit under Electricity Act provisions. Court rejected authorities' transfer of Rs. 23 Crores to Consumer Welfare Fund, finding it inappropriate when mechanism exists to return funds to affected consumers. Orders transferring refund to Consumer Welfare Fund quashed. Authorities directed to refund amount to petitioner within two weeks, with understanding funds would benefit consumers through regulated tariff reductions.
HC held that petitioner was entitled to refund of IGST and Service Tax paid on ocean freight following Mohit Minerals precedent. While addressing unjust enrichment concerns, court found petitioner's commitment to refund consumers through tariff adjustments satisfactory. Petitioner established plan to maintain refund amount in separate account for consumer benefit under Electricity Act provisions. Court rejected authorities' transfer of Rs. 23 Crores to Consumer Welfare Fund, finding it inappropriate when mechanism exists to return funds to affected consumers. Orders transferring refund to Consumer Welfare Fund quashed. Authorities directed to refund amount to petitioner within two weeks, with understanding funds would benefit consumers through regulated tariff reductions.
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