Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
CESTAT held that Section 11B(2)(c) and (d) do not provide for refund of unutilized cenvat credit upon factory closure. Rule 5 of Cenvat Credit Rules, 2004 permits refund only for export-related scenarios, not for manufacturing cessation. The appellant's contentions were rejected, finding no statutory basis for cash refund of accumulated credit. The tribunal emphasized that equitable considerations cannot override explicit statutory provisions. Despite potential financial hardship, the claim was deemed untenable as the regulations do not permit such refunds. Consequently, the appeal was dismissed, reinforcing a strict interpretation of tax credit refund regulations.
CESTAT held that Section 11B(2)(c) and (d) do not provide for refund of unutilized cenvat credit upon factory closure. Rule 5 of Cenvat Credit Rules, 2004 permits refund only for export-related scenarios, not for manufacturing cessation. The appellant's contentions were rejected, finding no statutory basis for cash refund of accumulated credit. The tribunal emphasized that equitable considerations cannot override explicit statutory provisions. Despite potential financial hardship, the claim was deemed untenable as the regulations do not permit such refunds. Consequently, the appeal was dismissed, reinforcing a strict interpretation of tax credit refund regulations.
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