Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
CESTAT addressed a service tax refund claim by SIPCOT, which was filed 31 days beyond the statutory time limit under Section 104 of the Finance Act, 1994. The tribunal upheld the refund rejection, finding that the time limitation is mandatory and cannot be interpreted as directory. Despite arguments about mistake and limitation period, the tribunal emphasized that the Finance Act is a self-contained code, and the Limitation Act does not apply. The refund claim was deemed time-barred as it was filed on 31.10.2017, beyond the 30.09.2017 deadline. Consequently, the appeal was rejected, confirming the original order's validity and maintaining the strict interpretation of procedural timelines in tax refund applications.
CESTAT addressed a service tax refund claim by SIPCOT, which was filed 31 days beyond the statutory time limit under Section 104 of the Finance Act, 1994. The tribunal upheld the refund rejection, finding that the time limitation is mandatory and cannot be interpreted as directory. Despite arguments about mistake and limitation period, the tribunal emphasized that the Finance Act is a self-contained code, and the Limitation Act does not apply. The refund claim was deemed time-barred as it was filed on 31.10.2017, beyond the 30.09.2017 deadline. Consequently, the appeal was rejected, confirming the original order's validity and maintaining the strict interpretation of procedural timelines in tax refund applications.
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