Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
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HC held that the 1% Extra Duty Deposit (EDD) constitutes a security deposit, not a customs duty under Section 2(15). The refund claim by the importer is valid and not time-barred. Relying on precedents from multiple High Courts, the court determined that withholding the EDD would result in unjust enrichment. The Appellant-Revenue is mandated to refund the entire deposited amount within 12 weeks, with statutory interest calculated from the re-deposit date until actual payment. The appeal was consequently dismissed, affirming the importer's right to recover the security deposit.
HC held that the 1% Extra Duty Deposit (EDD) constitutes a security deposit, not a customs duty under Section 2(15). The refund claim by the importer is valid and not time-barred. Relying on precedents from multiple High Courts, the court determined that withholding the EDD would result in unjust enrichment. The Appellant-Revenue is mandated to refund the entire deposited amount within 12 weeks, with statutory interest calculated from the re-deposit date until actual payment. The appeal was consequently dismissed, affirming the importer's right to recover the security deposit.
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