Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
HC ruled that rejection of GST pre-deposit refund application on grounds of time bar under Section 54 is invalid. The court interpreted the word "may" in Section 54 as directory rather than mandatory, following SC precedent. The judgment emphasized that statutory pre-deposit refund is a vested right after successful appeal, and cannot be forfeited using Section 54's time limitation. The court noted this would conflict with the three-year limitation period under Article 137 of Limitation Act for money suits. Since pre-deposit was made from assessee's own funds without unjust enrichment, restricting refund by reading "may" as "shall" would be arbitrary. The deficiency memo rejecting the refund application was quashed.
HC ruled that rejection of GST pre-deposit refund application on grounds of time bar under Section 54 is invalid. The court interpreted the word "may" in Section 54 as directory rather than mandatory, following SC precedent. The judgment emphasized that statutory pre-deposit refund is a vested right after successful appeal, and cannot be forfeited using Section 54's time limitation. The court noted this would conflict with the three-year limitation period under Article 137 of Limitation Act for money suits. Since pre-deposit was made from assessee's own funds without unjust enrichment, restricting refund by reading "may" as "shall" would be arbitrary. The deficiency memo rejecting the refund application was quashed.
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