Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
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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